ML20203F866

Motion Opposing ASLB 860722 Notice of Intent to Require Disclosure Under Protective Order Based on Disclosure Interfering W/Ongoing Investigation & Compromising Confidential Source.Served on 860729

ML20203F866
Person / Time
Site:	Braidwood
Issue date:	07/29/1986
From:	Jourdan C NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#386-133 OL, NUDOCS 8607310194
Download: ML20203F866 (2)

Text

{{#Wiki_filter:s T@' e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 000hrg, usy c BEFORE THE ATOMIC SAFETY AND LICENSINGJOARD ou al 29 P2:49

                                           )           0FFICE 00CMETLw?OF -{yf'6 #

In the Matter of ) BRANCH

                                           )

COMMONUEALTH EDISON COMPANY ) Docket Nos. 50-456 OL

                                           )                    50-457 OL (Braidwood Nuclear Station,           )

Units 1 and 2) )

                                           )

SERVED JUL2] 1996 OI'S OPPOSITION TO

 -                    BOARD'S NOTICE OF INTENT TO REQUIRE DISCLOSURE UNDER PROTECTIVE ORDER                    -

On July 22, 1986, the Atomic Safety and Licensing Board issued a " Notice of Intent to Require Disclosure Under Protective Order." The NRC's Office of Investigations (OI) opposes such disclosure but notes, however, that the Board's disclosure of a confidential source is stayed until the Commission rules, regardless of OI's position on the disclosure. OI opposed "Intervenor's Motion for Disclosure of Relevant Documents from OI Files" and presented its reasons for such opposition in its filing. Briefly, those reasons are that disclosure would interfere with an ongoing investigation and compromise a confidential source. The Commission's " Statement of Policy; Investigations, Inspections, and Adjudicatory Proceedings," 49 Fed. Reg. 36032 (1984), states that "(a]ny licensing board decision to order disclosure of the identity of a confidential source shall be certified to the Ccmmission for review regardless of whether OI 0194 860729 kok73jDOCK05000456 G PDR -)\Og

and staff concur in the disclosure. The Board's decision shall be stayed pending a Commission decision." OI herein reiterates its opposition to the Notice of Disclosure, refers the Board to its previous opposition for the particulars, and declares its intention to file a brief detailing its objections with the Commission within ten days. Respectfully submitted,

                                          %      SL       CJ\

CAROLYN JOURDAN Attorney Office of the General Counsel Dated: July 29, 1986 2 0 . . . . -}}