ML20236E716

Order Re Disclosure & Protection of Certain Commission Documents.* Provision of Listed Documents to General Public Utilities Nuclear Corp Ordered.Unexecuted Affidavit of Nondisclosure Encl

ML20236E716
Person / Time
Site:	Three Mile Island
Issue date:	07/28/1987
From:	Smith I Atomic Safety and Licensing Board Panel
To:	GENERAL PUBLIC UTILITIES CORP., NRC OFFICE OF THE GENERAL COUNSEL (OGC)
Shared Package
ML20236E701	List: ML20236E699 ML20236E710 ML20236E716
References
86-534-01-OL, 86-534-1-OL, CIV-PEN, EA-84-137, NUDOCS 8708030060
Download: ML20236E716 (6)

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ALJ 7/) I/87 UNITED STATES OF NMERICA NUCLEAR REGULATORY COMMISSION ADMINISTRATIVE LAW JUDGE Ivan W. Smith

)

In the Matter of ) Docket No. 50-320  !

) License No. DPR-73 General Public Utilities Nuclear ) EA 84-137 Corporation ) [ASLBP No. 86-534-01-OL)

) (Civil Penalty)

(Three Mile Island, Unit No. 2) )

) July Jf, 1987 j

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ORDER REGARDING DISCLOSURE AND PROTECTION OF CERTAIN COMMISSION DOCUMENTS This matter has been brought before the Administrative Law Judge upon the joint motion of the parties which have jointly concurred in the issuance of this Order.

The Commission's Office of Inspector and Auditor has made an investigation which, in part, relates to events at TMI-2 which occurred during 1982 and January and February 1983. GPUNC has requested access to copies of those documents in so far as they relate to involvement of Lawrence King and Quiltec Corporation while Mr. King was employed at the TMI-2 site. The NRC Staff has resisted disclosure of those documents on the basis that 1) Mr.

King's Quiltec involvement is not relevant to this proceeding, and that 2) the documents are exempt from disclosure under 10 C.F.R. SS 2.744(a), and 2.790(a)(5), (6) and (7).

8708030060 870728 PDR ADOCK 05000320 G PDR

l The parties have agreed to resolve the matter at this time (and without waiver by either party to seek additional relief from the Presiding Officer) by the Staff making disclosure of certain portions of the documents subject to a protective order.

Disclosure of the covered 1/ documents (enumerated below) may be made to GPU system company employees and GPU Counsel only as i

may be necessary for trial preparation and hearing and only after they have executed the Affidavit of Non-Disclosure. Any person receiving a copy of any covered document will take reasonable steps to insure it is not disclosed to others, will use it only for the purposes of this proceeding, and will destroy or return to the NRC staff all copies of such document at the completion of this proceeding. Identification or introductionlof any covered documents in a deposition or hearing of this matter shall be done in camera in accordance with conditions set by the Administrative Law Judge or agreed on by counsel for the parties and only after prior notice to the NRC Staff Counsel. i Disclosure of the contents of documents in deposition or hearing shall be in camera only, after prior notice to the NRC Staff Counsel. Information obtained from the covered documents 1/ " Covered" documents refers to the portions of the enumerated documents disclosed to GPUNC under this Order. Certain non-covered portions of the documents have been deleted by agreement of the parties. References to documents which follow refer cnly to " covered" documents.

may be used only for purposes of trial preparation and hearing in this proceeding, and such use shall avoid disclosing the fact that the covered documents were the source of the information, unless prior notice is given to the NRC Staff Counsel. Prior to any use of the contents of the covered documents which involves disclosure of information which has not otherwise become known to GPU Counsel, to any person other than in depositions or hearing, the parties will seek to agree upon use of the information in a manner which will appropriately protect the contents. If an l agreement is not reached, the parties will seek guidance f rom the Presiding Officer.

Nothing contained herein shall be construed to apply to or limit the parties' right (1) to use inf'ormation obtained apart from the covered documents, or (2) to use copies of portions of ,

covered documents obtained other than from the-NRC. Should coun-sel for either party become aware of a violation of the provi-aions of this Order, he shall promptly notify Counsel for the other party.

Affidavits of Non-Disclosure are to be sent'to the Adminis-trative Law Judge with notice thereof to George E. Johnson, Coun-sel for the NRC Staff. The Affidavit of Non-Disclosure shall survive resolution of this proceeding.

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The documents which the NRC Staff will provide to GPUNC's Counsel are as follows:

1) Memo from Sharon R. Connelly, Director OIA to J. Nelson Grace, Regional Administrative Dated July 31, 1985 enclosing the OIA Report

2) Pages 6-12 OIA Report dated July 31, 1985 re: Lawrence King which pages follow the caption " KING's Involvement with Quiltec While Employed at TMI" Attachment 8-Interview Statement. March 27, 1985 a) 1 b) Attachment 9-Interview Statement. May 11, 1985 j 1

c) Attachment 10-Interview Report. March 6, 1985 l d) Attachment 11-Interview Statement. May 29, 1985 e) Attachment 12-Interview Report. May 29, 1985 f) Attachment 13-Interview Report. March 27, 1985 g) Attachment 14-Interview Report. June 7, 1985

3) Letter, Harold R. Denton, NRC to Lawrence P. King dated April 26, 1985

4) Letter to Harold Denton from Lawrence King dated February 7, 1985

5) Letter, to Harold Denton to Lawrence King dated February 25, 1985 j

6) Letter, Lawrence King to Harold Denton dated March 11, 1985 j

7) Letter, Harold Denton to Lawrence King dated March 29, 1985 The NRC Staff has deleted or withheld from the above listed documents information 1) which does not pertain to Mr. King's in-volvement with Quiltec while Mr. King was employed by TMI, 1

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2) personal matters not related to King-Quiltec-TMI, 3) matters of public record, i.e., Attachment 16 to OIA Report which are records of the Virginia Corporation Commission, 5) matters previ-ously disclosed, i.e., Attachment 14 Exhibit 1 to OIA Report, a l l

transcript of an interview with Mr. King previously given to GPUNC counsel, 6) NRC Staff views upon Mr. King's fitness in 1985 for a position with NRC, i.e., Attachment 15 to OIA Report,

7) and other NRC Staff' views regarding NRC employment in 1985.

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$'$ l i Ivan W. Smith ~  !

ADMINISTRATIVE LAW JUDGE Julyo((,1987 l

l l

i

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE LAW JUDGE in the Matter of )

) Docket No. 50-320 GPU NUCLEAR CORPORATION ) (Civil Penalty)

) License No. DPR-73

) EA 84-137 (Three Mile Island Nuclear Station Unit No. 2) )

AFFIDAVIT OF NON-DISCLOSURE 1, , having first been duly sworn, hereby state:

I shall not disclose the contents of protected documents being provided to me by the NPC Staff pursuant to the Order Regarding Disclosure And Protection of Certain Commission Documents (Order) dated except as provided in such Order or as may be further ordered by Judge Smith.

July , 1987 s