ML20149N062

Forwards J Doughty & J Reader Affidavits of Nondisclosure, Per Board 880217 Protective Order.Seacoast Anti-Pollution League Objects to Order & Does Not Waive Rights to Challenge Order

ML20149N062
Person / Time
Site:	Seabrook
Issue date:	02/23/1988
From:	Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE
To:	Harbour J, Linenberger G, Smith I Atomic Safety and Licensing Board Panel
References
CON-#188-5695 OL, NUDOCS 8803010078
Download: ML20149N062 (7)

Text

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I B A C KU s, M EY E R & S O LO M ot(pli[?.

ATTORN EYS AT LAW

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N.cN4ct c.ww=: DOCKElitG s SEHVICI a s eRANc" BRANCH February 23, 1988 Ivan W. Smith, Chairman Dr. Jerry Harbour Gustave A. Linenberger Atomic Safety and Licensing Board -

U. S. IJRC Washingten, DC 20555 Re: Public Service Company of New Hampshire, et al Seabrook Station, Units 1 and 2 Docket Nos. 50-443-OL 50-444-OL

Dear Administrative Judges:

Pursaant to the Board's Protective Order of February 17, 1988, please find enclosed two affidavits of non-disclosure signed by Jane Doughty, Field Director of SAPL and Jacqueline Reader, my legal secretary. SAPL continues in its objection to this procedure that the Board has imposed in order to obtain the information referenced in the enclosed affidavits. SAPL does not, in complying with the protective order, waive any future rights to challenge said order.

Very truly,you

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s',, . , ' ' (Z- .-

/ ' Robert A. Backus RAB:jsr Enclosures FEDERAL EXPRESS l

8003010078 890223 PDR ADOCK 05000443  ;

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. c AFFIDAVIT OF NON-DISCLOSURE

. I , sh < < w C 4 v4, being duly sworn, state:

1. "protected information" as used in this Affidavit is those docurents, whether redacted or unredacted, which comprise Enclosures 3, 4 and 6 as referenced in a letter denominated NYN-87149 dated December 30, 1987 to U.S. NRC from T. C. Feigenbaum, a copy of which is attached hereto and marked "A".

2. An "authorized person" is (1) an employee of the Nuclear Regulatory Commission entitled to access to protected information or (2) an attorney at law appearing as counsel to one of the active parties to this proceeding. An "authorized person" is also a person who has executed and served upon counsel for Applicants an Affidavit of Non-Disclosure and is (3) a non-lawyer representative of an active party to this proceeding, approved by the Atomic Safety and Licensing Board (unless prior approval has been valved by counsel for' Applicants) or (4) a technical expert or advisor to a lawyer or non-lawyer representative of an active party to this proceeding.

3. I shall not disclose protected information to anyone except an authorized person, unless that information has previously been disclosed in the public record of this proceeding. I will safeguard protected information in written form so that it remains at all times under the control of an authorized person only and is not disclosed to anyone else.

y, _ ._, _ _ _ _ _ _ _

4. I will not reproduce any protected information by any means without the Atemic Safety and Licensing Board's

, express approval or direction. So long as I possess protected information. I shall continue to take these precautions until further order of the Atomic Safety and Licensing Board.

5. I shall safeguard and hold in confidence any data,

. notes, or copies of protected information and all other papers.which contain any protected information.

6. If I prepare papers containing protected information in order to participate in further proceedings in this case, I will ensure that any secretary or other individual who must receive protected information in order to help me prepare those papers has executed an affidavit in this form and has agreed to abide by its terms. Copies of any such affidavit will be filed with the Atomic Safety and Licensing Board and served on counsel to active parties before any protected information is revealed to any such person.

- 7. I shall use protected information solely for the purpose of participation in proceedings in this case directly involving offsite emergency planning for Massachusetts communities within the Seabrook Station Emergency Planning  :

Zone and any further proceedings in this case directly involving that matter, and for no other purposes and specifically shall not use any protected informatlon to ,

o further the goal of having any person or entity withdraw its support of the Seabrook Plan for Massachusetts Communities.

8. I shall keep a record of all protected infor$ nation in my possession and shall account for and deliver that information to the Atomic Safety and Licensing Board or its designee no later than the conclusion of this proceeding.

9. I will not corroborate the accuracy"or inaccuracy of information obtained outside this proceeding by using protected information gained through the hearing process.

///

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Subscribed and sworn to before me this 2 3 day of h e4 V

, 1988.

t.ou opi.

Notary Public My Commission Expires:

Sharon Du:5erme, Netery Public fay Commisen E.Wres Neverer 12. M9' i

/ ,

AFFIDAVIT OF NON-DISCLOSURE

. I, b, , being duly sworn, state:

0

1. "Protected information" as used in this Affidavit is those documents, whether redacted or unredacted, which comprise Enclosures 3, 4 and 6 as referenced in a letter denominated NYN-87149 dated December 30, 1987 to U.S. NRC from T. C. Feigenbaum, a copy of which is Ittached hereto and marked "A".

2. An "authorized person" is (1) an employee of the Nuclear Regulatory Commission entitled to access to protected information or (2) an attorney at law appearing as counsel to one of the active parties to this proceeding. An "authorized person" is also a person who has executed and served upon counsel for Applicants an Affidavit of Non-Disclosure and is (3) a non-lawyer representative of an active party to this proceeding, approved by the Atomic Safety and Licensing Board (unless prior approval has been waived by counsel for' Applicants) or (4) a technical expert or advisor to a lawyer or non-lawyer representative of an active party to this proceeding.

3. I shall not disclose protected information to anyone except an authorized person, unleas that information has previously been disclosed in the public record of this proceeding. I will safeguard protected information in written form so that it remains at all times under the control of an authorized person only and is not disclosed to anyone else.

l .

4. I will not reproduce any protected information.by any means without the Atomic Safety and Licensing Board's

. express approval or direction. So long as I possess protected information, I shall continue to take these precautions until further order of the Atomic Safety and Licensing Board.

5. I shall safeguard and hold in confidence any data, .

. notes, or copies of protected information and all other.,

papers which contain any protected information.

6. If I prepare papers containing protected information in order to participate in further proceedings in this case, I will ensure that any secretary or other individual who must receive protected information in order to help me prepare those papers has executed an affidavit in this form and has agreed to sbide by its terms, copies of any such affidavit will be filed with the Atomic Safety and Licensing Board and served on counsel to active parties before any protected information is revealed to any such person.

7. I shall use protected information solely for the purpose of participation in proceedings in this case directly involving of fsite emergency planning for Massachusetts communities within the Seabrook Station Emergency Planning Zone and any further proceedings in this case directly involving that matter, and for no other purposes and specifically shall not use any protected information to

1

/ .

further the goal of having any person or entity withdraw its support of the Seabrook Plan for Massachusetts Communities.

8. I shall keep a record of all protected information in my possession and shall account for and deliver that information to the Atomic Safety and Licensing Board or its designee no later than the conclusion of this proceeding.

9. I will not corroborate the accuracyor inaccuracy of information obtained outside this proceeding by using protected information gained through the hearing process.

i or me Y I0  !

Subscribed and sworn to before me this M day of v dhu , 1988.

0 h ALCW U-c. o.k C Notary Public My cor. mission Expires:

Sharen Duch.rms *4tey Fut5e

• My Commission Enizes Novemter 12,1991

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