View source for CLI-82-17, Order CLI-82-17 Directing That Util & Suffolk County Be Given Access to Portions of ALAB-653 Dealing W/Definition of Design Basis Threat & Interpretation of Commission Regulations Re Appropriate Number of Responders

{{Adams
| number = ML20062H434
| issue date = 07/30/1982
| title = Order CLI-82-17 Directing That Util & Suffolk County Be Given Access to Portions of ALAB-653 Dealing W/Definition of Design Basis Threat & Interpretation of Commission Regulations Re Appropriate Number of Responders
| author name = Hoyle J
| author affiliation = NRC OFFICE OF THE SECRETARY (SECY)
| addressee name = 
| addressee affiliation = 
| docket = 05000322
| license number = 
| contact person = 
| document report number = ALAB-653, CLI-82-17, ISSUANCES-OL, NUDOCS 8208160047
| document type = LEGAL TRANSCRIPTS &amp; ORDERS &amp; PLEADINGS, ORDERS
| page count = 3
}}

=Text=
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rj                            UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION COMMISSIONERS:
Nunzio J. Palladino, Chairman                                 -'
Victor Gilinsky                                      ~ p . .e,'
Jnhn F. Ahearne Thomas M. Roberts James K. Asselstine SERB __ JUL 3 01982
                                                  )
In the Matter of                      )
                                                  )
LONG ISLAND LIGHTING COMPANY          )       Docket No. 50-322-0L
                                                  )
(Shoreham Nuclear Power Station,      )
Unit 1)                              )
                                                  )
ORDER             ,
CLI 17 By {{letter dated|date=July 25, 1982|text=letter dated July 25, 1982}}, Anthony F. Earley, counsel for applicant Long Island Lighting Company, requested that he and one other l           member of his law firm, T.S. Ellis, III, be given access to certain portions of the Appeal Board's opinion in the Diablo Canyon physical security proceeding, Pacific Gas & Electric Company (Diablo Canyon
:           Nuclear Power Plant, Units 1 and 2), ALAB-653 (Restricted) (1981), and the record supporting it. Specifically, Mr. Earley requested access to those portions of the opinion dealing with the definition of the design basis threat and the interpretation of the Commission's regulations regarding the appropriate number of armed responders.
By {{letter dated|date=July 2, 1982|text=letter dated July 2,1982}}, Herbert H. Brown, counsel for intervenor Suffolk County, agreed with Mr. Earley's request. Mr. Brown further requested that security experts for the parties be granted 8208160047 820730 PDR ADOCK 05000322 gOh G                PDR

2 access, and that both the experts and counsel be granted access to the entire Diablo Canyon physical security file. Mr. Brown specifically requested that Michael S. Miller, an attorney, and Dr. Brian Jenkins and Marc Goldsmith, consultants, be granted access.
The Commission agrees that it would be senseless to litigate issues already decided by the Appeal Board without access to the Appeal Board's opinion. The Commission therefore directs that Mr. Earley, Mr. Ellis and Mr. Miller be given access to those portions of ALAB-653 dealing with the definition of the design basis threat and the interpretation of the Commission's regulations regarding the appropriate number of responders. This material is to be edited to delete any classified information co cained therein and access is conditi,oned on these individuals sisning new affidavits of non-disclosure applicable to Diablo Canyon nysical security information and substantially similar to those used in the Diablo Canyon proceeding. The Commission denies the request for access to the entire opinion in the absence of any showing of need for access to other parts of the opinion. The Commission also
                                                                             ~
denies the request for access to the underlying record as the Commission believes that the Appeal Board opinion itself will provide sufficient guidance.
l       Intervenor Suffolk County's request for access by its consultants i
is referred to the Licensing Board. Such acceti should be granted only l
if Suffolk County demonstrates the requisite need to know. 10 CFR 73.21(c)(vi). See 46 Fed. Reg. 51718, 51719-20 (October 22,1981).
l l
l l

3 PG&E is to be provided an opportunity to make a special appearance on the request if it so desires.
It is so ORDERED.*
f*         GWg                                                  For the Comission i%'})c.(0h 4                    c
(-        i Q                ,
d'~            y 8                                                            (/ JOHN C. H6YLE
          ?3
:> 9.y .1
                      .8                                                  Acting Secretary of the Commission Dated at Washington, D.C.,
this 3Cd ay   d of July,1982.
Comissioner Gilinsky was not present when this Order was affirmed, but had previously indicated his disapproval.                                              Had Commissioner Gilinsky been present he would have affirmed his prior vote.}}