ML20056G489

Pacific Gas & Electric Co Response to Motion to Amend Protective Order.* Staff Asks That Protective Order Be Clarified by Adding New Footnote to Paragraph 3 of Order. W/Certificate of Svc

ML20056G489
Person / Time
Site:	Diablo Canyon
Issue date:	08/30/1993
From:	Repka D PACIFIC GAS & ELECTRIC CO., WINSTON & STRAWN
To:	Atomic Safety and Licensing Board Panel
References
CON-#393-14261 OLA, OLA-2, NUDOCS 9309030180
Download: ML20056G489 (5)

Text

h August 30, 1993

\3 4 UNITED STATES OF AME'tICA 4 g NUCLEAR REGULATORY COMMISSION O oo:Sn* m q~

BEFORE THE ATOMIC SAFETY AND T E ENSING BMin pjin o 1 1993 1 Sk cocKETlNG &

$gav2CE DRANCH Q

SECy.NitC

<y .x In the Matter of )

) Docket Nos. 50-275-OLA , L PACIFIC GAS AND ELECTRIC CO. ) Docket Nos. 50-323-OLA

)  ;

(Diablo Canyon Nuclear Power ) i Plant, Units 1 and 2) ) (Construction Period Recovery) i

) f PACIFIC GAS AND ELECTRIC COMPANY'S  !

RESPONSE TO MOTION TO AMEND PROTECTIVE ORDER }

On August 17, 1993, the NRC Staff filed a Motionl' to  !

amend the Protective Orderl' issued in this proceeding with respect l to a report prepared by the Institute of Nuclear Power Operations

("INPO"). The Protective Order provides, for a limited set of i individuals, access to the INPO report contingent upon certain  ;

t conditions and upon those individuals signing an affidavit of non- l disclosure. The NRC Staff asks that the Protective Order be j clarified by adding a new footnote to paragraph 3, providing as

'I follows:  ;

This Order shall not be interpreted as preventing the persons authorized to receive i protected documents from disclosing l' " Motion to Amend Protective Order (Governing Non-Disclosure of INPO Report)," August 17, 1993.

21 " Memorandum and Order (Granting Discovery Request / Referring Ruling to Commission)," LBP-93-13, July 19, 1993.

9309030180 930830 PDR g

ADOCK 05000275 PDR Y J_3  ;

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information obtained therefrom to the NRC Executive Director for Operations, the NRC Director of the Office of Investigations, or the NRC Inspector General, but shall inform such official that the information was obtained from documents covered by this protective order.

The INPO report is a confidential document, accorded restricted distribution by INPO and Pacific Gas and Electric Company ("PG&E"). The report is also subject to the protection provided by the " Memorandum of Agreement Between the Institute of Nuclear Power Operations and the U.S. Nuclear Regulatory Commission" (" Memorandum of Agreement"), dated October 21, 1991.

PG&E does not oppose the NRC Staff's Motion. However, this position is premised on the assumption that the Memorandum of Agreement applies to any disclosure of information to the NRC Executive Director for Operations, the NRC Director of the Office of Investigations, or the NRC Inspector General. The suggested f

J

A 9

1 footnote should be revised by adding a centence at the end as follows:

Such officials are subject to the Memorandum of Agreement between NRC and INPO dated October 21, 1991, and will treat any confidential information in accordance with its provisions.

Respectfully submitted, David A. Repka T WINSTON & STRAWN 1400 L Street, N.W.

Washington, DC 20005-3502 (202) 371-5726 Christopher J. Warner Richard F. Locke PACIFIC GAS AND ELECTRIC COMPANY 77 Beale Street San Francisco, CA 94106 Attorneys for Pacific Gas and Electric Company Dated in Washington, DC this 30th day of August, 1993 e

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, g 4 JW UNITED STATES OF AMERICA # ,

NUCLEAR REGULATORY COMMISSION ~

- 33 1 3 -- .

1 bO N l BEFORE THE ATOMIC SAFETY AND LICENSING BOARC[y '

In the Matter of: ) //

) Docket Nos. 50-275- gg b Pacific Gas and Electric Company ) 50-323-OLA ,

) (Conctruction Period i (Diablo Canyon Power ) Eecapture) l Plant, Units 1 and 2) ) j

)  !

l CERTIFICATE OF SERVICE I hereby certify that copies of " PACIFIC GAS AND ELECTRIC COMPANY'S  ;

RESPONSE TO MOTION TO AMEND PROTECTIVE ORDER" in the above-captioned j l proceeding have been served on the following by deposit in the United l

- States mail, first class, this 30th day of August, 1993.

Charles Bechhoefer, Chairman Frederick J. Shon ,

Administrative Judge Administrative Judge l Atomic Safety and Licensing Board Atomic Safety and Licensing Board ,

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission l Washington, DC 20555 Washington, DC 20555 j Jerry R. Kline Office of Commission Appellate Administrative Judge Adjudication  !

Atomic hafety and Licensing Board U.S. Nuclear Regulatory Commission j

~

U.S. NucAear Regulatory Commission Washington, DC 20555 Washington, DC 20555  ;

Office of the Secretary Ann P. Hodgdon, Esq.  !

U.S. Nuclear Regulatory Commission Office of the General Counsel  !

Washington, DC 20555 U.S. Nuclear Regulatory Commission l Attn: Docketing and Service Washington, DC 20555 j

. Section l (original + two copies) l Adjudicatory File Peter Arth, Jr. l Atomic Safety and Licensing Edward W. O'Neill  !

4 Board Panel Peter G. Fairchild ,

U.S. Nuclear Regulatory Commission California Public Utilities i Washington, DC 20555 Commission  !

505 Van Ness Avenue  !

San Francisco, CA 94102 l

t i  !

I

t 5

Nancy Culver, President Truman Burns Board of Directors California Public Utilities San Luis obispo Mothers for Peace Commission P.O. Box 164 505 Van Ness, Rm. 4103 Pismo Beach, CA 93448 San Francisco, CA 94102 Robert R. Wellington, Esq. Christopher J. Warner, Esq.

Diablo Canyon Independent Safety Richard F. Locke, Esq.

Committee Pacific Gas & Electric Company 857 Cass Street, Suite D 77 Beale Street Monterey, CA 93940 San Francisco, CA 94106 Robert Kinosian Jill ZamEk California Public Utilities 1123 Flora Road Commission Arroyo Grande, CA 93420 505 Van Ness, Rm. 4102 San Francisco, CA 94102 Mr. Gregory Minor Diane Curran MHB Technical Associates c/o IEER 1723 Hamilton Ave., Suite K 6935 Laurel Avenue, Suite 204 San Jose, CA 95125 Takoma Park, MD 20912 David A. Repka \ '

l Counsel for Pacific Gas and Electric Company

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