ML20134F557

Response to Intervenors 850802 Motion for Confidential Treatment of 11 QC Inspector Names.In Interim,Nrc Does Not Object to ASLB Treating Identities of Inspectors as Confidential.Certificate of Svc Encl

ML20134F557
Person / Time
Site:	Braidwood
Issue date:	08/19/1985
From:	Chan E NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Atomic Safety and Licensing Board Panel
References
CON-#385-286 OL, NUDOCS 8508210156
Download: ML20134F557 (4)

Text

1 ffG b Ik A'ugust 19, 1985 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOCHETED BEFORE THE ATOMIC SAFETY AND LICENSING BOARD in the Matter of ) OG 20 P2:33 d

COMMONWEALTH EDISON COMPANY ) Docket h~5F5Q-456E

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(Braidwood Nuclear Power Station, ) l Units 1 and 2) ) i NRC STAFF RESPONSE TO INTERVENORS' MOTION FOR CONFIDENTIAL TREATMENT OF ELEVEN QC INSPECTOR NAMES On August 2,1985, Applicant, Coninonwealth Edison Company filed interrogatories directed to Rorem which sought inter alfa the identities of QC inspectors and instances of harassment by Comstock management known to Intervenors. On the same day Intervenors Bridget Little Rorem, g al. ("Rcrem") filed "Intervenors' Motion for Confidential Treatment of Eleven QC Inspector Names" (" Motion").

In their Motion Rorem expressed their intention to seek a protec-tive order from the Board with respect to the interrogatories requesting the identifying information. Rorem reouested that "pending filing and resolution of such motion" (Motion at 4) that the Board provide interim treatment of confidentiality.

On August 12, 1984, Applicant filed a response to Rorem's Motion.

" Commonwealth Edison Company's Response to Intervenors' Motion for Confidential Treatment of Eleven QC Inspector Names" (" Applicant's Response"). Therein, Applicant stated its view that it would address the proprietary of a protective order in a response to the anticipated

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filing by Rorem of a motion for a protective order. Applicant's Response at E. Applicant further stated its understanding that Rorem would be required to demonstrate in such motion the exceptional circumstances necessary tc justify a protective order. B . Based on these under-standings and the assumption that Rorem's motion for a protective order is timely filed, Applicant did not object to the Board treating the identity of the eleven QC inspectors as confidential. M.

In a conference among the parties on August 14, 1985, the matter of the confidential treatment of QC inspector names was discussed. At that time, the Staff indicated its view that it agreed with the Applicant that the propriety of a protective order should be addressed in response to the filing by Rorem of a motion for a protective order.

Rorem agreed to move for a protective order. In the interim, the Staff does not object to the Board treating the identities of the eleven OC inspectors as confidential.

Respectfully submitted, Elaine I. Chan Counsel for NRC Staff Dated at Bethesda, Maryland t Hr 19th day of August, 1985

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of COMMONWEALTH EDISON COMPANY ) Docket Nos. 50-456

) 50-457 (Braidwood Nuclear Power Station, )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO INTERVENORS' MOTION FOR CONFIDENTIAL TREATMENT OF ELEVEN QC INSPECTOR NAMES" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by (*) through deposit in the Nuclear Regulatory Comission's internal mail system, this 19th day of August, 1985:

Herbert Grossman, Esq., Chairman

• Comonwealth Edison Company Administrative Judge ATTN: Cordell Reed Atomic Safety and Licensing Board Assistant Vice President U.S. Nuclear Regulatory Comission P.O. Box 767 Washington, DC 20555 Chicago, IL 60690 Dr. A. Dixcn Callihan Thomas J. Gordon, Esq.

Administrative Judge Waller, Evans & Gordon 102 Oak Lane 2503 S. Neil Oak Ridge, TN 37830 Champaign, IL C1820 Dr. Richard F. Cole

• Region III Administrative Judge U.S. Nuclear Regulatory Comission Atomic Safety and Licensing Board Office of Inspection & Enforcement U.S. Nuclear Regulatory Comission 799 Roosevelt Road Washir.gten, DC 20555 Glen Ellyn, IL 60137 Rebecca J. Lauer, Esq. Joseph Gallo, Esq.

Isham, Lincoln & Beale Isham, Lincoln & Beale Three First National Plaza Suite 840 Suite 5200 1120 Connecticut Avenue, N.W.

Chicago, IL 60602 Washington, DC 20036 Lawrence Brenner, Esq., Chairman

• Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission Washington, DC 20555

r l Ms. Bridget Little Rorem C. Allen Bock, Esq.

117 North Linden Street P.O. Box 342 Essex, IL 60935 Urbana, Il 61801 Douglass W. Cassel, Jr., Esq. Atomic Safety and Licensing Board Timothy Wright, Esq. Panel

• 109 North Dearborn Street U.S. Nuclear Regulatory Connission Suite 1300 Washington, DC 20555 Chicago, IL 60602 Atomic Safety and Licensing Appeal Erie Jones, Director Board Panel

• Illinois Emergency Services U.S. Nuclear Regulatory Connission and Disaster Agency Washington, DC 20555 110 East Adams Springfield, IL 62705 Docketing and Service Section*

Office of the Secretary Lorraine Creek U.S. Nuclear Regulatory Connission Route 1, Box 182 Washington, DC 20555 Manteno, IL 60950 Robert Guild, Esq.

c/o Cassel 3242 N. Racine Chicago, IL 60657 Stuart A. Treby Assistant Chief Hearing Counsel