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||h United States of A= erica'

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i s' Nuclear Regulatory Commission!

! BEFORE THE ATOMIC SAFETY AND LICENSING BOARDo

In the Matter of ))

LONG ISLAND LIGHTING COMPAM' ) Docket No. 50-322(Shoreham Nuclear Power Station, )Unit 1) )

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; Joint Motion to Accept Stipulation and for ProtectiveOrder on Security Plan Information -

In this Board's Order of January 29, 1978, several.

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of Intervenor Suffolk County's (SC) contentions involving

the Shoreham security plan were admitted for disc'overy pur-poses.1/ In the course of the continuing series of negotia-

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tions involving the Applicant, SC and the NRC Staff, the

parties have agreed that the particularization of these con-'

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tentions may best be accomplished along the lines of the ,'

informal discovery process already underway. But because of9

the sensitive nature of security information, steps must be

takin to limit access to Shoreham's security plan and relatedinformation.

The requirements for obtaining such access were set

; out in the Appeal Board's decision in Pacific Gas & Electric

Company (Diablo Canyon Nuclear Power Plant, Units 1 and 2),:

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1/SC contentions 18a (ii) , 18a (v) , 18a (vi) , 18a (vii) ,18a(x) and 18a(xi) .

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ALA3-410, 5 NRC 1398 (1977), and in subsequent orders in enat

proceeding. In essence, before a party may have access to

a security plan the following conditions must be met:

(1) the party seeking access must show arelationship between his contentionsand specific pertions of the securityplan;

'(2) the' security plan should be the subject .

of a protective order and it must belikely that the person gaining accesswill abide by the protective order;

(3) the person gaining access must have thetechnical competence to evaluate the.security plan.

! The Applicant, SC and the NRC Staff have, in a series

of meetings and phone conferences, discussed the above re-

I- quirements in relation to the Shoreham case. As a result!J of these discussions the parties agreed upon the stipulation

set out in part II below. Th'e parties also discussed the~

iter=s of a protective order and affidavit of non-disclosure

to be used in this proceeding. The agreed upon forms are in-

i cluded as Enclosure 1 to this motion. Finally, the partiesI

agreed that, if the Board concurs with the agreements'

reached, a series of working meetings will be held to pursue

either resolution or particularization of contentions on

security plan issues. The first of these meetings is tenta-

tively scheduled fer January 27, 1981.

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As noted above, SC has requested that its expert,

Marc W. Goldsmith, be given access to the security plan for

all purposes directly related to the adjudication of security

plan contentions. In order to meet the requirements set out

in the Diablo Canyon case cited above, the Appli. cant, the.

NRC Staff and Suffolk County stipulate that:

(1) there is a relationship between SCcontention 18 and specific portionsof the security plan;

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(2) SC's expert, Marc W. Goldsmith, is'

i likely to abide by the terms of aj protective order concerning the' security plan; and

(3) SC's expert, Marc W. Goldsmith, has thetechnical competence to evaluate thesecurity plan within his areas of ex-pertise.

III.

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The Applicant, SC and the NRC Staff request that the

Board:

. (1) accept the stipulation set out in

j section II above, and-

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(2) issue the attached " Protective ^ Order -

on Security Plan Information" (in-cluding the " Affidavit of Non-Dis-closure").

Respectfully submitted,

LONG ISLAND LIGHTING COMPANY,

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9b l/_citti H _ [ t. . ((W. .//Taylor ReygTey, W IW.

- Anthony F. Ea. ley, Jr.

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NRC STAFF

/7DBernard M. Bordanick

SUFFOLK COUNTY

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fDavid H. Gilmartin VPatricia A. Dempsey

Dated:L December 10_, 1980

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d'Enclosure 1*

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UNTIED STATES OF AMERICANUCLEAR REGULATORY COMMISSION

BEFORE THE ATOMIC SAFETY AFD LICENSING BOARD

In the Matter of ))

LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322)

(Shoreham Nuclear Power Station, )-

Unit 1) )'

PROTECTIVE ORDER ON SECURITY PLAN INFORMATION

Counsel and expert for Intervenor Suffolk County,

(SC), who have executed an Affidavit of Non-Disclosure in

the form attached, shall be permitted access to " protected

information"l/ upon the following conditions:

1. Only Intervenor's counsel, Patricia A. Dempsey,

and Intervenor's expert, Marc W. Goldsmith, who is

qualified in accordance with the requirements of the Appeal,

Board's decision in Pacific Gas & Electric Company (Diablo

Canyon Nuclear Power Plant, Units 1 and 2), ALAB-410, 5 NRC

1398 (1977), and subsequent orders in that proceeding rele-

vant to security plan information, may have access to pro-

tected information on a "need to know" basis.

2. Counsel and the expert who receive any protected

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1/ s used in this order, " protected information" has the sameAmeaning as used in the Affidavit of Non-Disclosure.

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information (including transcripts of in camera hearings , filed.

testimony or any other document that reveals protected informa-

tion) shall maintain its confidentiality as required by theannexed Affidavit of Non-Disclosure, the terms of which are

hereby incorporated into this protective order.3. Counsel and the expert who receive any protected

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information shall use it solely for the purpose of participa- .tion in matters directly pertaining to SC's security plan

contention 18 and any hearing that may be held,on any furtherproceedings in this case directly involving security matters,and for no other purposes.

4 The Applicant shall provide a receipt for all documents

containing protected information that are to be given to SC'scounsel or expert. Signed copies of the receipt shall be givento counsel for the Applicant, the NRC Staff and SC. SC's counsels ,

and expert shall account for and deliver protected information tothe Commission official designated by this Board in accordance

with the Affidavit of Non-Disclosure that they have executed.( 5. This protective order does not authorize any of the;

parties to file papers in this proceeding that contain anyprotected informat' ion. If it becomes necessary to file such

r papers, this Board will specify additional procedures to be-

used.l

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6. Counsel, the expert or any other individual who has

reason to suspect that documents containing protected informa-

tion may have been lost or misplaced (for example, because an

expected paper has not been received) or that prot- t ted inforna-

tion has otherwise become available to unauthorized persons

shall notify.this Board promptly of t>ose suspicions and the.

rer. sons for them.

It is so ORDERED.

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UNITED STATES OF AMERICA* - NUCLEAR REGULATORY COMMISSION .

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

In the Matter of ))

LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322)

(Shoreham Nuclear Power Station,) ..-

Unit 1) ) . , . .

AFFIDAVIT OF NON-DISCLOSURE

I, , being duly sworn,

state:

1. As used in this Affidavit of Non-Disc 1'osure, (a)

" protected information" is (1) any form of the physicalsecurity plan for the Applicant's Shoreham Nuclear Power

Station; or (2).any information obcained by virtue of these

proceedings which is not otherwise a matter of public recordand which deals with or describes cetails of the security

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plan. (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 invitation of the Atomic

Safety and Licensing Board (".',icensing Board") , has executed

a copy of this affidavit; (3) a person employed by Long Island

i Lighting Company, the Applicant, and.authoriaed by it inaccordance with Commission regulations to have access to

protected information, or (4) counsel for Long Island

Lighting Company..

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2. I shall not disclose protected information to anyoneexcept 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 transcripts of in camerahearings, fi. led testimony or any other documents that contain

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such information), so that it remains at all times under the

control of an authorized person and is not disclosed to any-one else.

3. I will not reproduce any protected information byL

any means without the Licensing Board's express approval ordirection. So long as I possess protected information, I

shall continue to take these precautions until further orderof the Licensing Board.

4. I shall similarly safeguard and hold in confidence.

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any data, notes, or copies of protected information by meansof the following:

(a) my use of the protected information will be

- made at a facility on Long Island to be made available

by Long Island Lighting Company.'

(b) I will keep and safeguard all such material in

a safe to be provided by Long Island Lighting Company,

after consultation with Long Island Lighting Company

and to be located at all times at the above designatedlocation. .

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(c) Any secretarial work performed at my request -

or under my supervision will be performed at the above

location either (1) by a secretary provided by the LongIsland Lighting Company authorized in accordance with

paragraph 1(b)(3) above, or (2) by one secretary of mydesignation. I shall furnish Long Island. Lighting Company,

the Board and Staff an appropriate resume of the designated-

secretary's background and experience, and that secretary,

shall comply with paragraph 3 below. ~-,

(d) Necessary typing and reproductio'n equipment will

be furnished by Long Island Lighting Company.

5. If I prepare papers containing protected information

in order to participate in further proceedings in this matter,

I will assure that any secretary or other individual who must

receive protected information in order to help me prepare,

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those papers has executed an affidavit like this one and has

agreed to abide by its terms. Copies of any such affidavit

must be filed with and approved by the Licensing Board| before I reveal any protected information to any such person.

6. I shall use protected information only for the pur-

pose of preparation for this proceeding or any further pro-

ceedings in this case dealing with security plan issues, andfor no other purpose.,

7. I shall sign the receipt provided by the Applicantj

with any document I receive that contains protected informa--

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tion. At the conclusion of this proceeding, I shall accounti

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to the Licensing Board or to a Commission employee designated

by that Board for all the papers or other materials (including

notes and papers prepared by me) containing protected informa-

tion in my possession and deliver them as provided herein. When

I have finished using the protected information they contain,

bu: in no event later than the conclusion of this proceeding,.

I shall deliver those papers and materials to the Licensing

Board (or to a Commission employee designated by the Board), ,'

together with all notes and data Which contain protected infor-

mation for safekeeping during the lifetime of the plant.

8. I make this agreement with the understanding that I

will not corroborate the accuracy or inaccuracy of information

obtained outside this proceeding by using protected informationt

gained through the hearing process.

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Subscribed and sworn to before methis day of- , 1980,

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