ML19282B146

Requests Views Re Discovery of Confidential Documents & Whether,In Light of Recent Protective Order in Another Proceeding,Access May Be Had W/O Application to ASLB

ML19282B146
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	02/06/1979
From:	Like I ELGRLS
To:	Whittemore C HUNTON & WILLIAMS
References
NUDOCS 7903090111
Download: ML19282B146 (2)

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REILLY, LIKE AND SCHNEIDS y COUNSEL 1. ORS AT 1.AW f- o/a hp c

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DABYLON, N. Y.11702 p I N ADDRESS ERxARD REILLY N AwK 9-3000 [ ggg g wtLBUR M.SCHM EIDER 4 OEORGE HOFFMAN E DWARD A. B ROO K S.J R.

WERxER-f.TUMBRUNN RICHARD C. H AND exRico a. cOxmunx.

PATR1 CIA A. DEM PSEY pgtic DCC{ February 6, 1979 Case 'dhittemore , Esq. ELLTED connusposarycg Hunton & Williams P.O. Box 1535 Richmond, Virginia 23212 Re: In the Matter of Long Island Lighting Company (Shoreham Nuclear Power Station, Unit 1)

Docket No. 50-322

Dear Mr. Whittemore:

Forwarded as an attachment to your letter of October 4, 1978, was a modified " Agreement Regarding Disclosure of Confidential Commercial Information". This disclosure agree-ment, when executed, would permit County inspection of the following G.E. documents:

1. List of Items from the Nuclear Reactor Study (Reed Report) identified in 1975 by Safety and Licensing for Consideration as " Reportable Deficiencies" under Section 206 of the Energy Reorganization Act of 1974 (dated March 22, 1978).

2. Summary of Status of Items from the Nuclear Re-actor Study (Reed Report) identif'.ed in 1975 by Safety and Licensing (prepared May, 1978).

3 Topical Report NED-21021-P: " Test Program for Collet Retainer Tube".

With regard to Items 1 and 2 relative to the Reed Report, we note that a protective order recently was en-tered in another NRC licensing proceeding (In the Matter of Public Service Company of Oklahoma, et al (Black Fox Station, Units 1 and 2), Docket :lo s . 50-556 & 557) pro-viding the intervenors access to verbatim extractions of the Reed Report, plus the sub-task reports which were prepared under Dr. Reed's auspices, insofar as these 9

7903040111

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Case 'ihittemore , Esq .

February 6, 1979 Page 2 gy.

N documents relate to the Intervenors' contentions. A procedure was also provided for in the Board's order which allowed counsel for the intervenors to verify the accuracy of these extractions. A copy of the Black Fox protective order appears as an attachment to NRC staff's January 12, 1979 " Motion to compel Responsive Answers" directed to the County.

The County will shortly formalize the retention of its new technical consultants for the Shoreham case, Energy Research Group, Inc., which action will then enable it to execute the disclosure agreement referred to above. However, in view of the scope of discovery afforded intervenors in the Black Fox proceedings on the Reed Report, it seems appropriate to first deter-mine whether the Applicant and the General Electric Com-pany are willing to grant the County,without necessity of a formal application to the Licensing Board, a similar range of discovery in this case. If there is a willing-ness to proceed in similar fashion here, then we would, of course, once again have to modify the proposed dis-closure agreement.

Please let me have your thoughts on this at your earliest opportunity.

Sincerely,

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l Y Irving Like Special Counsel for the County of Suffolk IL/jg CC: To all Parties