ML20149H745

Protective Order.* Counsel to Active Parties & Authorized Personnel Permitted Access to Protected Info Upon Listed Conditions.Tc Feigenbaum 871230 Ltr Encl

ML20149H745
Person / Time
Site:	Seabrook
Issue date:	02/17/1988
From:	Smith I Atomic Safety and Licensing Board Panel
To:	NRC OFFICE OF THE GENERAL COUNSEL (OGC)
Shared Package
ML20149H733	List: ML20149H730 ML20149H745 ML20149H761
References
OL, NUDOCS 8802220083
Download: ML20149H745 (12)

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February /_7,1988 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION before the ATOMIC SAFETY AND LICENSING BOARD

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In the Matter of )

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PUBLIC SERVICE COMPANY OF ) Docket Nos. 50-443-OL NEW HAMPSHIRE, et al. ) 50-444-OL

) Off-site Emergency (Seabrook Station, Units 1 and 2) ) Planning Issues

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PROTECTIVE ORDER Counsel to the active parties in this proceeding and other authorized persons shall be permitted access to protected information upon the conditions set forth in this Order.

"Protected information" as used in this Order 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 attached hereto and marked "A".

8802220003segO 43 PDR ADOCK O pg Q

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 approved by the Atomic Safety,and Licensing i Board, or (4) a technical expert or advisor to a lawyer or i non-lawyer representative of an active party to this proceeding. Applicants may waive the requirement that the  ;

Atomic Safety and Licensing Board approve persons authorized under category (3).

Conditions of Access

1. Only counsel to the active parties to this proceeding and other authorized persons shall be permitted access to protected information on a "need to know" basis.

2. Authorized persons shall not disclose protected 3

information to anyone except another authorized person, l

unless that information has previously been disclosed in the j public record of this proceeding. Authorized persons will )

safeguard protected information in written form so that it l remains at all times under the control of authorized persons l only and is not disclosed to anyone else.

3. Authorized persons will not reproduce any protected information by any means without the Atomic Safety and Licensing Board's express approval or direction. So long as authorized persons possess protected information, they shall

l continue to take these precautions until further order of this Board.

4. Authorized persons shall safeguard and hold in confidence any data, notes, or copies of protected information and all other papers which contain any protected information.

5. If authorized persons prepare papers containing protected information in order to participate in further proceedings in this case, they will ensure that any secretary or other individual who must receive protected information in order to help prepare those papers has executed an affidavit in the form attached and has agreed to abide by its terms.

I Copies of any such affidavit will be filed with this Board and served on counsel to active parties before any protected  ;

information is revealed to any such person.

6. Authorized persons who receive any protected information shall use it 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.

7. Authorized persons shall keep a record of all protected infernation in their poss assion and shall account ,

1 for and deliver that information to the Atomic Safety and

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l Licensing Board or its designee no later than the conclusion of this proceeding.

8. All papers filed in this proceeding that contain any l

protected information shall be segregated and (a) served on l members of this Board and counsel for active parties only; (b) served in a heavy, opaque inner envelope bearing the name of the addressee and the statement "PRIVATE." TO BE CPENED BY ADDRESSEE ONLY." A'ddressees shall take all necessary precautions to ensure that they alone will open envelopes so marked.  !

9. Authorized persons will not corroborate the accuracy or inaccuracy of information obtained outside this proceeding l by using protected information gained through the hearing process.  ;

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10. Counsel or any other authorized person who has i reason to suspect that documents containing protected information may have been lost or misplaced (for example, because an expected paper has not been received) or that I

protected information has otherwise become available to I unauthorized persons shall notify this Board promptly of those suspicions and the reasons for them. l l

Sanctions l Sanctions for the failure of a party or its representative, counsel, advisor or expert to abide by the provisions of this protective or'erd will be imposed. Such 4

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sanctions may include prohibiting introduction of certain matters in evidence, findings or rulings adverse to the disobedient party, disposing of the disobedient party's contentions, and barring the disobedient party from further participation in the proceeding.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD Ivan W. Smith, Chairman ADMINISTRATIVE LAW JUDGE Bethesda, Maryland l

February 17, 1988 l

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

1. "Protected information" as used in this Affidavit is those documents, whether redacted or unradacted, 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 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.

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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.

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 an/ 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 o;'er te help me prepara 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 procaedings in this case directly involving offsite emergency planning for Massachusetts communities within the Seabrook Station Emergency Planning Zone and any further proceedingu in this case directly involving that matter, and for no other purposes and specifically shall not use any protected information to I

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', , further the goal af 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 accuracy'or inaccuracy of informatzen obtained outside this proceeding by using protected information gained through the hearing process.

Subscribed and sworn to before me this day of

, 1988.

Notary Public My Commission Expires:

New Hampshire Yankee Division NYN-87149 De c embe r 30, 1987 United States Nuclear Regulatory Co= mission Washington, DC 20555 Attention: Document Control Desk

References:

(a) Facility Operating License NPF-56, Construction Pe rmit CPPR-136, Docket Nos. 50-443 and 50-444 (b) USNRC Letter dated December 23, 1987, "Seabroot Plan for Massachusetts Communities - Information Required f or Full Power Re. view", V. Nerses to R. J. Harrison Subje ct : Seabrook Plan for Massachusetts Communities (SPMC);

Information Required for Full Power Review Centlenen:

In Ref erence (b), New Hampshire Yankee (NHY) was requested to provide certain information to the NRC Staff necessary to support the full power license review of the SPMC. Subsequently, in discussions with the NRC Staf f, NHY was advised to provide thirty-two (32) copies of this information for NRC and FEKA use in reviewing the SPMC. Accord-ingly, enclosed please find thirty-two (32) copies of Enclosures 3 through 6 which contains the information requested. Additionally, NHY has provided twenty-nine (29) copies of a summery response (Enclosure 1]

to assist the NRC in the use of this information. NRY h as als o t rans -

mitted under separate cover twenty-three (23) copies of the SPMC to TEMA/RAC as requested by the NRC.

Ac noted in Enclosure 1, certain of the information provided, i.e.,

Enclosures 3, 4, and 6, is confidential and whose disclosure could r e s u'.t in the unwarranted invasion of personal privacy of individuals and organizations needed to implement the Plan. An affidavit digned by

7. C. Feigenbaum provided as Enclosure 2, sets forth the basis on which ths: information may be withheld f rom public disclosure by the Commission and addreases the considerations listed in 10 CFR 2.790 paragraph (b)(4).

Accordingly, NHY requests that the information provided in Enclosures 3, A. and 6 be withheld f rom public disclosure pursuant to 10 CFR 2.790.

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~/ P.O. Box 300 . Seabrook, NH 03874 . Telephone (603) 474 9574

United States Nuclear Regulatory Commission NyN.a71cg Page 2 Attention: Document Control Desk In addition to providing the inf ormation requested by the NRC and FEMA, NHY would like to clarify the record with regards to providing inf ormation, considered to be confidential, to third parties. Dissemin-ation of such material to third parties will presumably be handled through the discovery rules governing the adjudicatory process when as and if a proper discovery request is made and granted.

If you require any further clarifications, do not hesitate to contact our Bethesda Licensing Of fice (Mr. R. E. Sweeney) at (301) 656-6100.

Ve ry t ruly yours, T. C. Teigenbaum Enclosures cc: Atomic Saf ety and Licensing Board Service List (Of fsite EP)*

Mr. Victor Nerses, Project Manager

• Project Directorate 1-3 Division of Reactor Projects United States Nuclear Regulatory Commission Washington, DC 20555 Mr. William T. Russell

• Regional Administrator l United States Nuclear Regulatory Commission Region I ,

l 631 Park Avenue

• King of Prussia, PA 19406 Mr. Antone C. Ce rne*

NRC Senior Resident Inspector Seabrook Station Seabrook, NH 03874

• Enclosures 1, 2 and 5 only

ENCLOSURE I SPMC Information Required for Full Power Review Summary Response ITEM (See note #1) ITEM DESCRIPTION RESPONSE NO. SPMC LOCATION Name of Itospital The identity of the Prima ry I Plan, Figure 2.0-1 (ma rked ~lat er") MS-l hospit al is provided is the Response to item #3 and item #$.

Locations of EOC, CCC, RC The Map and some addit ional 2 Appendix A clarifications are provided and SA on an unnumbered map titled "Emergency in Enclosure 3 (see Not e #2) . .

Response Facilities, Seabrook Plan for Massachusetts Communities ~, Rev. O.

Names of companies and their The information requested is 3 Appendix C provided in Enclosure 4 (see authorized representatives, providers and individuals Note #2).

who have entered into agreement let te rs .

Location of agricultural Based on discussions with the NRC 4 Appendix L Staf f, NHY is being requested producers in the ingestion to ident if y the t own or communi ty EPZ.

in Massachusetts where the 4

prodiscer is locat;d. This infor-nation is provided in Enclosure S.

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ENCLOSURE I . ,

SPMC Inf ormat ion Required for Full Power Review i

Summary Iksponse l

ITEM (See Note #1) ITEM DESCRIPTION RESPONSE No. SPMC LOCATION 1 The information reqisested is 5 Appendix M Identification of host facil- provided in Enclosure 6 (see i Sties; names and inventory of l road crew companies under Note #2). It shoisid be noted letter of agreement; names of that some location information bus, ambulance, snow removal, had to be provided to properly identify a given f acility. i;

' wheelchair van companies under letter of agreement; and names of congregate care centers, i' hos t school facilities and other special f acilities.

Fus dispatch priority for West The use of Attachment 7 had IP-2.10, Att. 7, evolved during the preparatiosi 6 Newbury (ma rked "To be

Page 2 of Revision G. Attachment 7 Developed-)

i Page 1 of 2, had been revised '

to reflect its intended use to quantify the number of besses to j be assigned to each route. Ilow-ever, Step 5.3.7 and Page 2 had NOTES not been revised to he consistent with Page 1. This was ars I editorial oversight and will be

! corrected during the next asp-date of the procedures.

f 1.

The Item No., SPMC Location and Item Description is generally as specified in Reference (b).

is confidential and whose disclosure could result

2. The information contatced in these enclosures In an . unwarranted invasion of personal privacy of Individuals and organizations needed to implement the plan. As provided in the cover letter and as supported by the af fidavit in 2.1911 to 10 CFR i

Enclosure 2, said information slsould be withheld f rom public disclosure pursuantinf orma t ion on i n con lsentt ion wi t h print ing of the conf ident tal NilY helleves t isat Enc los es t e I color ) paper meet s t he guidance provi.Icet in Generic I.ct ter No. 81-21, j o.us - r e p r o.Inc i b l e- (i.e., red in

~ P s I w.a r y .nsid P r op t l et .s e y M.s t e r i,al i n Eme rgesicy Pl.sns", concerning sasheltt.it sif such I n f o r se.

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