ML20236D375

Forwards Affidavits of Nondisclosure Re Redacted Info Protective Order.Certificate of Svc Encl

ML20236D375
Person / Time
Site:	Seabrook
Issue date:	03/08/1988
From:	Traficonte J MASSACHUSETTS, COMMONWEALTH OF
To:	Smith I Atomic Safety and Licensing Board Panel
Shared Package
ML20236D344	List: ML20236D341 ML20236D375 ML20236D378 ML20236D394 ML20236D415
References
OL, NUDOCS 8903230073
Download: ML20236D375 (14)

Text

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+ EXHIBIT A 1 ,. 44 THE COMMONWEALTH OF MASSACHUSETTS .

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. ', s DEPARTMENT OF THE ATTORNEY GENERAL '

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' b 2 JOHN W. McCoRM ACK STATE OFFICE BUILDING 7 / oNE ASHOURToN PLACE.poSToN 021o81698 sg ,

JAuss M. sHANNON m onwo oineau )

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March 8, 1988

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l Ivan W. Smith Atomic Safet & Licensing Board U.S. Nuclear Regulatory Commission l East West Towers Building 4350 East West Highway Bethesda, MD 20814 Ret Redacted Information Protective Order

Dear Judge Smith:

Enclosed please find Affidavits of Non-Disclosure.

Thank you for your attention to this matter.

Very truly yours, I /

'. !s f, 7 f 'r ,

i Traficonte

- [AssistantAttorneyGeneral  !

Nuc] ear Safety Unit (617) 727-1090 1

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i Enclosures i

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l l . 1 AFF!:AV!T OF NON-DISCLCSURE I,. g/A/ W. O( , being duly sworn, state: {

1. " Protected information" as used in this Affidavit is l 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 frem T. C. Teigenbaum, a copy of which is attached hereto and q

marked "A".

2. An " authorized person" is (1) an employee of the Nuclear Regulatory Commission entitled to access to protected informar. ion 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 ,

i counsel for Applicants an Affidavit of Non-Disclosure and is l

(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 discloce protected information to anyone except an authorized person, unless that information has i previously been disclosed in the public record of this proceeding. I will safeguard protected infor=ation in written form so that it remains at all times under the control of an authori:ed person only and is not disclosed to anyone else.

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

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

6. If I prepare paperr, containing protected information in order to participate in further proceedings in this case, I will ensure that any secretary or other individual whc must receive pr=tected information in order to help me prepare those papers has executed an affidavit in this form and has agreed te acide 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 i

infor=ati:n is revealed to any such person.

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

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

8. I shall keep a record of all protected information .j 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 pro ss.

8 4lA W $ . YA YL O E ubsc d and sworn to before me this T day of I

wu I Yes irL.

Notary Public .

My' Commission Expires:  ? D  !

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AFFICAVIT CF NON-DIScitSURE I, I ll.) ti, r. , E rilti, Jn(;,t', being duly sworn, state:

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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 cf 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, unless that information has previously been disclosad in the public record of this proceeding. I will safeguard protected infor=ation 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.

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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 prepara 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 acide 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 infor=ation is revealed to any such person.

7. I shall use pretected information solely for the purpose of participation in proceedings in this case directly involving offsite emergency planning for Massachusetts l

communities within the Seabrook Station Emergency Planning Zone and any further proceedings in this case directly involving that matter, and for no ot!4er purposes and ,

specifically shall not use any protected information to 1

furtner 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 accuracy'or inaccuracy of information obtained outside this proceeding by using protected information gained through the hearing process. j ds,g />; hl :;f A

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ubscribed and sworn to before me this $ day of j

, 1988.  !

l l Yn (* 7)^m Notary Public My' Cc= mission Expires: ')- 2 3 -D i

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.'* b- THE COMMONWEALTH OF MASSACHUSETTS

.. -2 3 DEPARTMENT OF THE A1 TORNEY GENERAL l'W a $ p g 4 1 F JOHN W McCORMACK STATE OFFICE BUILolNG ONE ASHOURTON PLACE. BOSTON 02106-1698

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JAMES M SHANNON A TTORNEY CENER AL It 1

I July 29, 1988 Kate Selleck, Esquire j Ropes & Gray '

225 Franklin Street, 24th Floor Boston, F.A 02110

Dear Kate:

Enclosed please find an affidavit of non-disclosure, signed by an investigator from our office, 1

very truly yours, Q

Pamela Talbot Assistant Attorney General Public Protection Bureau (617) 727-2200 PT/ljs Enclosure l

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AFFIDAVIT OF NON-DISCLOSURE (

I, cueM b N Qe mA), being duly sworn, state:

1. " protected information" as used in this Affidavit is the addresses, ownership information and other identifying information, and all documents containing such information, of the Applicants' Vehicular Alert and Notification System

(" VANS") staging areas and acoustical locations.

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 on the Massachusetts Attorney General's Amended Contention on Notification System. 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 on the Massachusetts Attorney General's Amended Contention on Notification System, 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 L

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• to this proceeding on che Massachusetts Attorney General's Amended Contention on Notification System.

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 l written form so that it remains at all times under the control of an authorized person only and is not disclosed to dnyone else.

4. I will not reproduce any protected information by any means without the Atomic Safety and Licenning Board's express approval or direction. So long as I possess protected information, I shall continue to take these l 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 j this form and has agreed to abide by its terms. Copies of any such affidavit will be filed with the Atomic Safety and

I Licensing Board and served on counsel to active parties before any protected information is revealed to any such l

person.

7. I shall use protected information solely for the purpose of participation in proceedings in this case directly involving onsite emergency planning for Seabrook Station and any further proceedings in this case directly involving that matter, and for no other purposes and specifically shall not use by protected information to further the goal of having any person or entity withdraw its support of the Seabrook Plan for Massachusetts Communities including the VANS system.

B. 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 information obtained outside this proceeding by using protected information gained through the hearing process.

Yann3 0 Yw Subscribed and sworn to befo me this day of la , 1988.

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au w Notary Public ~

(A%ce' My commission Expires: Oc[fofk J/j

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. a CERTIFICATE OF SERVICE

'89 MR 20 P3 :17 I, Jeffrey P. Trout, one of the attorneys for the Applicants herein, hereby certify that on March 16, 1989,.I made service of the within document by depositing copies there'of.with Federal  !

Express, prepaid, for delivery to (or, where in'dicated, by depositing in the United States mail, first class postage paid, addressed to):

' Administrative Judge Ivan W. Smith Administrative Judge Peter B.

Chairman, Atomic Safety and Bloch, Chairman, Atomic Licensing Board Safety and Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814 Administrative Judge Richard F. Cole Dr. Jerry Harbour Atomic Safety and Licensing Board Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Board East West Towers Building U.S. Nuclear Regulatory 4350 East West Highway Commission Bethesda, MD 20814 East West Towers Building 4350 East West Highway Bethesda, MD 20814 Administrative Judge Kenneth A. Administrative Judge Emmeth A.

McCollom Luebke 1107 West Knapp Street 4515 Willard Avenue Stillwater, OK 74075 Chevy Chase, MD 20815 James H. Carpenter, Alternate Robert R. Pierce, Esquire Technical Member Atomic Safely and Licensing Atomic Safety and Licensing Board Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814 Adjudicatory File Sherwin E. Turk, Esquire Atomic Safety and Licensing Office of General Counsel Board Panel Docket (2 copies) U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building One White Flint North, 15th F1.

4350 East West Highway 11555 Rockville Pike Bethesda, MD 20814 Rockville, MD 20852

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• Atomic Safety and Licensing Robert A. Backus, Esquire l Appeal Board 116 Lowell Street )

U.S. Nuclear Regulatory P. O. Box 516 }

Commission Manchester, NH 03105 1 Washington, DC 20555 ,

1 Philip Ahrens, Esquire Mr. J. P. Nadeau Assistant Attorney General Selectmen's Office Department of the Attorney 10 Central Road General Rye, NH 03870 Augusta, ME 04333 Paul McEachern, Esquire John Traficonte, Esquire I Shaines & McEachern Assistant Attorney General  ;

25 Maplewood Avenue Department of the Attorney P.O. Box 360 General Portsmouth, NH 03801 One Ashburton Place, 19th Fl. .

Boston, MA 02108 Mrs. Sandra Gavutis Mr. Calvin A. Canney ,

Chairman, Board of Selectmen City Manager i RFD 1 - Box 1154 City Hall ,

Route 107 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801 l

• Senator Gordon J. Humphrey R. Scott Hill-Whilton, Esquire U.S. Senate Lagoulis, Hill-Whilton &

Washington, DC 20510 Rotondi (Attn: Tom Burack) 79 State Street Newburyport, MA 01950

• Senator Gordon J. Humphrey Leonard Kopelman, Esquire One Eagle Square, Suite 507 Kopelman & Paige, P.C.

Concord, NH 03301 77 Franklin Street (Attn: Herb Boynton) Boston, MA 02110 Mr. Thomas F. Powers, III Mr. William S. Lord Town Manager Board of Selectmen Town of Exeter Town Hall - Friend Street 10 Front Street Amesbury, MA 01913 Exeter, NH 03823 H. Joseph Flynn, Esquire Charles P. Graham, Esquire Office of General Counsel Murphy and Graham Federal Emergency Management 33 Low Street Agency Newburyport, MA 01950 500 C Street, S.W.

Washington, DC 20472 j

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Gary W. Holmes, Esquire Richard A. Hampe, Esquire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03842 Concord, NH 03301 Mr. Richard R. Donovan Judith H. Mizner, Esquire Federal Emergency Management 79 State Street, 2nd Floor Agency Newburyport, MA 01950 Federal Regional Center 130 228th Street, S.W.

Bothell, Washington 98021-9796 Ashod N. Amirian, Esquire Robert Carrigg, Chairman 145 South Main Street Board of Selectmen P.O. Box 38 Town Office, Atlantic Avenue Bradford, MA 01835 North Hampton, NH 03862 Diane Curran, Esquire John P.. Arnold, Esquire Andrea C. Ferster, Esquire Attorney General Harmon, Curran & Tousley George Dana Bisbee, Esquire Suite 430 Assistant Attorney General 2001 S Street, N.W. Office of the Attorney General Washington, DC 20009 25 Capitol Street Concord, NH 03301-6397

.j Deffrey P. Trout

(*= Ordinary U.S. First Class Mail) l l

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