ML20112C000

Joint Motion for Issuance of Protective Order Re Personnel Info.Draft Protective Order,Unexecuted Affidavit & Certificate of Svc Encl.Related Correspondence

ML20112C000
Person / Time
Site:	Hope Creek
Issue date:	01/07/1985
From:	Laverty J CONNER & WETTERHAHN, Public Service Enterprise Group
To:	Atomic Safety and Licensing Board Panel
References
CON-#185-005, CON-#185-5 OL, NUDOCS 8501100742
Download: ML20112C000 (10)

Text

l Oh RELATED CORRESPOWEN 00CKETED UNITED STATES OF AMERICA- USNRC NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing o 0 mi:06

( mc. - r...,

Public Service Electric and ) - - -

Gas Company )

) Docket No. 50-354-OL (Hope Creek Generating )

Station) )

JOINT MOTION FOR ISSUANCE OF A PROTECTIVE ORDER REGARDING PERSONNEL INFORMATION Pursuant to the Atomic Safety and Licensing Board's Order of December 31, 1984, Applicants and the Public Advocate have conferred in an effort to reduce the scope and number of documents requested pursuant to the Public Advocate's Request IV.25 in its Second Set of Inter-rogatories and Request for Production of Documents to Applicants, dated December 13, 1984. After several telephone conversations, on January 7, 1985, Applicants and the Public Advocate agreed that Request IV.25 is limited to all writings relating to the evaluation or assessment of the job performance of the employees or categories of employees listed in Request IV.25 subsections a through q and subsections t through w for the time period of three years prior to the events of February 22 and 25, 1983 to the present.

The Public Advocate and the NRC Staff have also agreed to the attached Protective Order Regarding Personnel 8501100742 850107 PDR ADOCK 05000354 503 e PDR

e Information, and the Affidavit of Non-Disclosure annexed thereto, in fulfillment of the Board's Order of December 31, 1984. Thus, Applicants and the Public Advocate move that the Board issue this Protective Order Regarding Personnel Information, with the Affidavit of Non-Disclosure attached to . it. This Motion has been discussed with NRC Staff counsel who has no objection.

Respectfully submitted, CONNER & WETTERHAHN, P.C.

M'CA . Ya4/

essica H. Laverty Counsel for Applicants January 7, 1985 4

e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISGION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges Marshall E. Miller, Chairman Dr. Peter A. Morris Dr. David R. Schink

)

In the Matter of ) Docket.No. 50-354-OL

)

PUBLIC SERVICE ELECTRIC ) (ASLBP No. 83-492-05 OL)

AND GAS COMPANY )

ATLANTIC CITY ELECTRIC ) January __,, 1985 COMPANY )

)

(Hope Creek Generating Station)

)

PROTECTIVE ORDER REGARDING PERSONNEL INFORMATION Counsel for Intervenor Public Advocate (Intervenor),

Intervenor's experts, and NRC Staff members- who have executed an Affidavit. of Non-Disclosure in the form attached,- shall be permitted access to " personnel information"1/ upon the following conditions:

1. Only Intervenor counsel, Intervenor's experts, and NRC Staff members may have access to personnel information on a "need to know" basis.

-1/ As used in this order, " personnel information" has the same meaning as used- in the Affidavit of.

Non-Disclosure,. annexed hereto.

2. Counsel and experts who receive any personnel information (including transcripts of M camera hearings, filed testimony, or any other document that reveals person-nel information) shall maintain its confidentiality as

' required by the attached Affidavit of Non-Disclosure, the terms of which are hereby incorporated into this protective order.

3. Counsel and experts who receive any personnel information shall use it solely for the purpose of par-ticipation in matters directly involving Contention 2 in this proceeding and for no other purposes.

4. Counsel and experts shall keep a record of all documents containing personnel information in their pos-session and shall account for and deliver that information to the Licensing Board (or to an NRC employee designated by the Board) in accordance with the Affidavit of Non-Disclosure that they have executed.

5. In addition to the requirements specified in the Affidavit of Non-Disclosure, all papers filed in this proceeding (including testimony) that contain any personnel information shall be segregated and:

(a) served on lead counsel and the members of this Board only; (b) served in a heavy, opaque inner envelope bearing the name of the addressee and the statement "PRI-VATE. TO BE OPENED BY ADDRESSEE ONLY." Addressees shall l-l

e.

take all necessary precautions to ensure that they alone will open envelopes so marked.

6. Counsel, experts or any other individual who has reason to suspect that documents containing personnel information may have been lost or misplaced (for example, because a n' expected paper has not been received) or that personnel information has otherwise become available to unauthorized persons shall notify this Board promptly of those suspicions and the reasons for them.

It is so ORDERED..

FOR THE LICENSING BOARD Marshall E. Miller, Chairman Administrative Judge January _ , 1985 t-i i

t i

i.

e O

AFFIDAVIT OF NON-DISCLOSURE I, , being duly sworn, state:

1. As used in this Affidavit of Non-Disclosure, (a) " Personnel information" is (1) all written reports, memos, letters, analyses or other writings relating to the evaluation or assessment of the job performance of the employees or categories.of employees listed in Question IV.25, subsections a through q and t through w of the Public Advocate's Second Set of Interrogatories and Request for Production of Documents to Applicants, dated December 13, 1984, for_the time period of~three years prior to the events of February 22, and 25, 1983 to the present; or (2) any

. information obtained by virtue of this proceeding which is not otherwise a matter of public record and which deals with or describes the evaluation or assessment of the job performance of the employees or categories of ' ' employees listed in- Question IV.25, subsections a through q and t through w of the Public Advocate's Second Set of Interrogatories and Request for Production of Documents to Applicants, dated December 13, 1984.

(b) An " authorized person" is (1) counsel for

'Intervenor, Intervenor's experts or NRC. Staf f members who have executed a copy of this Affidavit; or (2) counsel or experts for or a person employed by Public Service Electric

& Gas Company,_the applicant, and authorized by it.

a 2-

2. I shall not disclose personnel information to anyone except an authorized person, unless that information has previously been disclosed in the public record of this proceeding. I will safeguard personnel information in written form (including any portions of transcripts of M camera hearings, filed testimony, or any other documents that contain such information), so that it remains at all times under the control of an authorized person and is not disclosed to anyone else.

3. I will not reproduce any original personnel information by any means without the express approval or direction of the Licensing Board or authorized person employed by Public Service Electric and Gas Company.

4. If I possess personnel information, I shall contin-ue to take these precautions so long as I possess it until further order of the Licensing Board.

5. I shall similarly safeguard and hold.in confidence any data, notes, or copies of personnel information and all other papers which contain any personnel information by means of the following:

r (a) My inspection of the personnel information will be in the office of Richard Fryling,'Jr., Esq., or such other place specifically designated by him at 80 Park Plaza, Newark, New Jersey.

(b) At the conclusion of my inspection of the personnel . information, I will return all originals of such information to a person designated by Public Service J

,, r-

e Electric and Gas Company so that such information is retained on the premises of the facility at all times.

(c) Any secretarial or clerical work involving personnel information will be performed under my supervision by an individual who has executed an Affidavit of Non-Disclosure and who Public Service Electric and Gas Company has reasonably determined is acceptable on the basis of its review of the individual's resume.

6. I will not provide papers containing personnel information to any other individual helping me prepare for this proceeding unless that person is authorized to receive such information and has executed an Affidavit of Non-Disclosure and has agreed to abide by its terms. Copies of such affidavit will be filed with the Licensing Board and counsel for Public Service Electric and Gas Company before I reveal any personnel information to any such person.

7. I shall use the personnel information only for the purpose of preparation for this proceeding and for no other.

purpose.

8. I shall keep a record of all personnel information in my possession, including any copies of_that information made by or for me. At the conclusion of this proceeding, I shall account to the Licensing Board (or-to an NRC employee designated by the Board) for all the papers or other mate-rials containing personnel information in my possession and deliver them as provided herein. When I have finished using the personnel information they contain, but in no event

f.

8 later than the conclusion of this proceeding, I shall deliver those papers and materials to the Licensing Board

.(or to an NRC employee designated by the Board), together with all notes and data which contain personnel information, for destruction.

9. I will not corroborate the accuracy or inaccuracy o'f information obtained outside this proceeding by using personnel information gained through the hearing process.

i Subscribed and sworn to before me this _ day.of _ 1985.

Notary Public

c

.3 s-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board Public Service Electric and )

Gas Company )

) Docket No. 50-354-OL (Hope Creek Generating )

Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Joint Motion for Issuance of a Protective Order Regarding Personnel Information," dated January 7, 1985 in the captioned matter have been served upon the following by deposit in the United.

States mail on this 7th day of January, 1985:

• Marshall E. Miller, Esq. Atomic Safety and Chairman Licensing Appeal Panel Atomic Safety and U.S. Nuclear Regulatory Licensing Board Panel Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission.

Washington, D.C. 20555 Atomic Safety and Licensing Board Panel

• Dr. Peter A. Morris U.S. Nuclear Regulatory

' Atomic Safety and Commission Licensing-Board Panel -Washington, D.C. 20555 U.S. Nuclear Regulatory _

Commission Docketing.and Service Washington, D.C. 20555 Section Office of the Secretary

• Dr. David R. Schink U.S. Nuclear Regulatory Atomic Safety and Commission Licensing Board Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Hand Delivery i

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Lee Scott Dewey, Esq.

Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Richard Fryling, Jr., Esq.

Associate General Counsel Public Service Electric &

Gas Company P.O. Box 570 (T5E)

Newark, NJ 07101

• • Richard E. Shapiro, Esq.

Susan C. Remis, Esq.

John P. Thurber, Esq.

State of New Jersey

. Department of the Public Advocate CN 850 Hughes Justice Complex Trenton, New Jersey 08625 Carol Delaney, Esq.

Deputy Attorney General Department of Justice State Office Building 8th Floor 820 N. French Street Wilmington, DE 19810 b

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& 7 /. c w e Jessica H. Lavgryy

• • Federal Express S . - - . - , . .