ML20010G739

Motion That Commission Allow Cl Eisen Access to ALAB-653, Util Security Plan & Related Documents.Access Needed to Enable Useful Representation on Appeals to Commission. Affidavits,Prof Qualifications & Certificate of Svc Encl

ML20010G739
Person / Time
Site:	Diablo Canyon
Issue date:	09/16/1981
From:	Lanpher L CALIFORNIA, STATE OF, HILL, CHRISTOPHER & PHILLIPS
To:	NRC COMMISSION (OCM)
References
ISSUANCES-OL, NUDOCS 8109220472
Download: ML20010G739 (14)

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UNITED STATES OF AMERICA S DocKr;to NUCLEAR REGULATORY COMMISSION ~ Usttre -\

5 SEP 1 a 1981

• dl BEFORE THE COMMIFSION jf #[*[ 7 f N Eun:b

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)

In the Matter of )

) Docket Nos. 50-275 0.L.

PACIFIC GAS AND ELECTRIC COMPANY ) 50-323-0.L.

(Diablo Canyon Nuclear Power (Security Plan g)&

Plant, Unit Nos. 1 and 2) ) Q ,)

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e MOTION OF GOVERNOR EDMUND G. BROWN JR. 2H kr, 8 FOR ADDITIONAL COUNSEL AND SECRETARY 'I D '

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On September 9, 1981, the Atomic Safety and Licensin 4 W Appeal Board. issued its decision, ALAB-653, concerning th:a suf-ficiency of Pacific Gas and Electric Company's ("PG&E")

security plan for Diablo Canyon under the Atomic Energy Act of 1954, as amended, and the Commission's security regulations.

The Appeal Board's decision is subject to review by the Commission under either 10 C.F.R. S 2.786 or S 2.762. Accordingly, this Motion is directed to the Commission.

1. Governor Brown moves that the Commission grant Charles Lee Eisen access to AIAB-653, the PG&E security plan, and related documents and pleadings. Mr. Eisen is a member of the law firm of Hill, Christopher and Phillips, P.C. and-is a member of the Bars .

of Maryland and the District of Columbia. 'Mr. Eisen will assist in representing. Governor Brown in the appeal of issues in this case DSO3

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to the Commission and, if appropriate, the courts. An executed Amended Affidavit of Non-Disclosure, in the form prescribed by the Appeal Board, accompanies this Motion.

As the Commission is aware, the Diablo Canyon licensing proceeding is divided into four parts: (1) security; (2) seismic; (3) fuel loading and low power testing license; and (4) full power license. The appeal of the Appeal Board's seismic decision is now before the Commission and the appeal of the security de-cision will be before the Commission shortly. The Commission is -

currently reviewing whether a stay should be instituted cgainst the granting of a low power test license under 10 C.F.R. S 2.764.

Subsequent stay motions may be directed to the Commission and the ,

Courts.

Mr. Eisen is actively involved in representing the Governor on his appeals to the Commission and, if necessary, to the courts.

In order for Mr. Eisen to be properly advised to pursae i;he appropriate remedies on behalf of Governor Brown, he must have access to the security proceeding documents and be able to con-

! verse with other counsel who do have such access.

We need not elaborate here again the constraints which the l

l Appeal Board has placed on,the Governor's participation in the i

j security proceeding. Counsel for the Governor are limited in 1

number and must perform their work outside their offices, in a special secured room at the NRC's Willste Building. Both PG&E and

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e NRC Staff, by contrast, have unlimited attorneys available to present their cases and are not forc d to work outside of their offices. Granting Mr. Eisen access to the security plan will accordingly facilitate the orderly and timely presentation of the matters at issue in this case.

2. The Governor also moves that Diana Kraemer, Lawrence Lanpher's secretary, be approved as a secretary to type plead-ings and materials related to the security plan proceeding. Her executed Amended Affidavit of Non-Disclosure, in the form pre-scribed by the Appeal Board, and her resume accompany this Motion. This is necessary because Toni Thompson, a secretary at Hill, Christopher and Phillips a P.C., who had executed an Affidavit of Non-Disclosure and assisted in the Fall and Winter of 1980-81 in typing pleadings in the security case, is no 3

longer employed by the law firm.

Reupectfully submitted, Byron S. Georgiou Legal affairs Secretary Governor's Offfice State Capitol Sacramento, California 95814 Cf ./ us

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&aws:sp M ~aw: f u Herbert H. Brown Lawrence Coe Lanphe-HILL, CHRISTOPHER Ab PHILLIPS, P.C.

1900 M Street, N.W.

Washington, D.C. 20036 Attorneys for Governor Brown of the September 16, 1981 State of California

. . . UNITED STATES OF AMERICA NUCLEAR REGULATORY COOiISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD

)

In the Matter of )

)

PACIFIC GAS AND ELECTRIC COMPANY ) Docket Nos._50-275

) 50-323 (Diabic Canyon Nuclear Power Plant, )

Units 1 and 2) )

)

AMENDED AFFIDAVIT OF NON-DISCLOSURE s

I, CMCL/C [.l-T NGDI ,being duly sworn, state:

1. As used in this Affidavit of Non-Disclosure, (a) " Protected information" is (1) any form of the physical security plan.for the licensee's Diablo Canyon Nuclear Power ?lant, Units 1 and 2; or (2) any information obtained by vir.tue of these' pro-cae' dings which 'is not othsrwise ~a matter of public

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record and whi'ch ' deals with. 'or' describes details of the security plan. .

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(b) An " authorized person" is (1) an employee of the Nuclear Regulatory Commission entitled to access to protected information; (2) a person who, at the invi-tation of the Atomic Safety and Licensing Appeal Board

(" Appeal Board") , has executed a copy ci this affidavit; s_ (3) a person employed by Pacific Gas and Ilectric 8

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Company, the licensee, and authorized by it in accordance with Commission regulations to have access to prote.cted information. ,

2. 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 pro-ceeding. I will safeguard protected information in written form (including any portions of transcricts of in 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 protected information by any means without the Appeal 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 Appeal Board.

4. I shall similarly safeguard and hold in confidence I

l any data, notes, or copies of protected information and all 3

other papers which contain any protected information by means ,

of the following:

(a) my use of the protected information will be made at a facility in San Francisco to be made available by Pacific

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Gas and Electric Company. t (b) I will keep and safeguard all such material in a

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saf e to be obtained by intervenors at Pacific Gas and Electric Company's expense, after consultation with Pacific Gas and Electric Company and to be located at all times at the above designated location.

. (c) Any secretarial work performed at my request or under my supervision will be perfor ed at the above location by one secretary of my designation. I _

shall furnish Pacific Gas and Electric Company, the Board and Staff an appropriate resume of the secretary's background and experience. .

(d) Necessary typing and reproducti.cn equipment will be furnished by Pacific Gas and Electric Company.

(e) All mailings by me involving protected information shall be made frem the f acility furnished by Pacific .

Gas and Electrid Co.

5. If I prepare papers containing protected information in order to participate in further proceedings in this case, I will assure that any secretary or other individual who must receive protected information in order to help me prepare those papers has executed an affidavit like this one and has agreed to abide by its terms. Copies of any such affidavit will be filed with the Appeal Board before I reveal any protected information to any such person.

, ' . . - t se protected information' snly for the purpose

6. I shall of preparation for this proceeding or any further proceedings in this case dealing with security plan issues, and for no other purpose.

7. I shall keep a record of all protected 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 Appeal Board or to a Commission employee desig-nated by that Board for all the papers or other materials containing protected info mation in my possession and deliver them'as provided herein. When I have finished using the pro- .

tected infomation they contain, but in no event later than the conclusion of this proceeding, I shall deliver those papers and materials to the Appeal Board (or to Co mission employee designated by the Board), together with all notes and data which contain protected infomation for safekeeping during the lifetime of the plant.

8. I make this agreement with the following understandings:

(a) I do not waive any objections that any other person may have to executing an affidavit such as this one; (b) I will not corroborate the accuracy or inaccuracy of information obtained cutside this proceeding by using protected information eained m 'c through the hearing process.

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le Suhscrib d and sw rn to before me ~

this /4 day of W 19 F/ . '

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Notary Ptiblic f .

_Mr Com=Jssics Ir;!:es {=u=y 31,1:2;

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• I i UNITED STATES OF AMERICA-NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD

)

In the Matter of )

)

PACIFIC GAS AND ELECTRIC COI.PANY ) Docket Nos. 50-275

. ) 50-323

-(Diabic Canyon Nuclear Power Plant, )

Units 1 and 2) )

)

AMENDED AFFIDAVIT OF NON-DISCLOSURE I, _ _ _ _ _ _ DIANA KRAEMER , being duly sworn, state: -

1. As used in this Affidavic of Non-Disclosure, (a) " Protected information" is (1) any form of the physical security plan for the licensee's Diablo Canyon Nuclear Power Plant, Units 1 and 2; or (2) any infc:mation obtained by vir.tue of these~ pro-

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ce'e' dings which. 3.s not other' wise a matter of public rec'ord.and whi'ch' deals . .-

with.'or' describes details of the secu'rity plan. -

(b) An "a thorized person" is (1) an employee of

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the Nuclear Regulatory Commission entitled to access to protected information; (2) a person who, at the invi-

tation of the Atomic Safety and Licensing Appeal Board

(" Appeal Board") , has executed a copy of this affidavit; or (3) a person emplczed by Pacific Gas and Electric 4

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Company, the licensce, and authorized by in in accordance with Commission regule.tions to have access to protected information.

2. I shall not disclose protected information to ar.yone except an authorized person, unless that information has previously been discicsed in the public record of this pro-ceeding. I will safeguard protected information in written form (including any portions of transcricts of in 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 protected information by any means without the Appeal 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 Appeal Board.

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

(a) my use of the protected information vill be made at a facility in San Francisco to be made available by Pacific

. . I. t Gas and Electric Comcany.

0 (b) I will keep and safeguard all such material in a safe to be obtained by intervenors at Pacific Gas and Electric Company's expense, after consultation with Pacific Gas and Electric Company and to be located at all times at the above designated location. s

. (c) An'y secretarial work performed at my request or under my supervision will be performed at the above location by one secretary of my designation. I _

shall furnish Pacific Gas and Electric Company, the Board and Staff an appropriate resume of the secretary's background and experience. .

(d) Necessary typing and reproduction equipment will be furnished by Pacific Gas and Electric Company.

(e) All mailings by me .nvolving protected information 3

shall be made from the f acility furnished by Pacific .

Gas and Electric' Co.

5. If I prepare papers containing protected information in order to participate in further procee dings in this case, I will assurc that any secretary or other individual who must receive protected infornation in order to help me prepare those papers has executed an affidavit like this one and has agreed to abide by its terms. Copies of any such affidavit will be filed with the Appeal Board before I reveal any protected information to any such person.

m__ _ _ _ _ _ . . _ _

. I shall(use protected information'snly for the purpose 6.

of preparation for this proceeding or any further proceedings in this case dealing with security plan issues, and for no

' other purpose.

7. I shall keep a record of all protected information in my possession, including any copies of that information ma6e by or for me. At the conclusion of this proceeding, I shall account to the Appeal Board or to a Commiscion employee desig-nated by that 2 card for all the papers or other materials containing protected information in my possession and deliver them as provided herein. When I have finished using the pro- -

cected information they contain, but in no event later than the conclusion of this proceeding, I sh.ill deliver those papers and materia _s to the Appeal Board (or to a Commission employee designated by the Board) , together with all notes and data which cantain protected information for safekeeping during the lifetime of the plent.

8. I make this agreement with the folicwing understandings:

(a) I do not waive any objections that any other perron may have to executing an affidavit such as this one; (b) I will not corroborate ti:e accuracy or inaccuracy of information obtained

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outside this proceeding by using protected information cained through the hetring process.

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• n to before me this lhfhdayof ~ }- 19j{?j,.

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• MothT? Public(a.

RESUME DIANA R. KRAEMER 616 South Columbus Street Alexandria, Virginia 22314 (703) 548-3310 EMPLOYMENT: June, 1980 - Present Legal Secretary Hill, Christopher & Phillips, P.C. 1900 M Street, N.W. Washington, D.C. 20036 Dec., 1977 - June, 1980 Legal Secretary John R. Kraemer Attorney at Law 187 North Main Street Wallingford, Connecticut 06492 Feb., 1975 - Dec., 1.977 Secretary to Owner - Yankee Silversmith Inn 1067 North Colony Road Wallingford, Connecticut 06492 4 Aug., 1974 - Feb., 1975 Secretary to Senior Vice President Cahn Engineers, Inc. Barnes Industrial Park Wallingford, Connecticut 06492 Jan., 1974 - June, 1974 Secretary to Vice President and General Manager Pilgrim Harbor Condominiums Wallingford, Connecticut 06492 Jan., 1968 - Nov., 1973 Administrative Assistant to President and Secretary to Chairman of the Board Laurel Bank and Trust Company 88 State Street Meriden, Connecticut 06450 EDUCATION: Laurel Business College Meriden, Connecticut Lyman Hall High School Wallingford, Connecticut

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE TITE COMMISSION

                                                                          )

In the Matter of )

                                                                          )

PACT"IC GAS AND ELECTRIC COMPANY ) Docket Nos. 50-275 0.L. b'

                                                                          )                50-323 0.L.

(Diablo Canyon Nuclear Power ) Plant, Unit Nos. I arid 2) ) (Security Dlan Proceeding)

                                                                          )

CERTIFICATE OF SERVICE I hereby certify that copies of " MOTION OF GOVERNOR EDMUND . G. BROWN JR FOR ADDITIONAL COUNSEL AND SECRETARY" have been served to the following on September 16, 1981 by U.S. mail, first class. Nunzio J. Palladino, Chairman U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Commissioner Victor Gilinsky U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Commissioner Peter A. Bradford U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Commissioner John F. Ahearne U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Commissioner Thomas Roberts U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Thomas A. Moore, Esq., Chairman Atomic Safety and Licensing Appeal Board U.S. Unclear Regulatory Commission Washington, D.C. 20555 Dr. W. Reed Johnson Atomic 3afety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l

                                                                                                          ,    1

. a Secretary U.S. Nticlear Regulatory Commission Washington, D.C. 20555 ATTENTION: Docketing & Service Section Leonard Bickwit, Esq. General Counsel Office of the General Counsel U.S. Nuclear Regulatory Commission Room H-1035 1717 H 5treet, N.W. Washingtcn, D.C. 20555 Bruce Norton, Esq. Norton, Burke ,. Berry & Junck 3216 North Third Street Suite 300 Phoenix, Arizona 85012 Harry M. Willis 601 California Street Suite 2100 San Francisco, California 94108 William J. Olmstead, Esq. Edward G. Ketchen, Esq. . Lucinda Low Swartz, Esq. Office of Executive Legal Director BETH 042 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 vl , es

                                            ~ havu o  M - 7 ,~r 6 ~-

Lawrence Coe Lanpher HILL, CHRISTOPHER AND PHILLIPS, P.C. 1900 M Street, N.W. Washington, D.C. 20036 September 16, 1981

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