UNITED STATES OF AMERICA 

NUCLEAR REGULATORY COMMISSION 

COMMISSIONERS: 

Stephen G. Burns, Chairman 

Kristine L. Svinicki 

Jeff Baran 

 

In the Matter of 

 

CB&I AREVA MOX SERVICES, LLC Docket No. 70-3098-MLA 

(Mixed Oxide Fuel Fabrication Facility 

Possession and Use License) 

 

CLI-16-14 

MEMORANDUM AND ORDER 

Intervenors Blue Ridge Environmental Defense League (BREDL) and Nuclear Watch 

South request that we amend the Protective Order governing “Controlled Information” in the 

now-closed proceeding related to the mixed oxide fuel fabrication facility (the MOX Facility).1 

We grant the motion as discussed below. 

In 2005, Duke, Cogema, Stone & Webster (later renamed Shaw AREVA MOX Services, 

LLC, which subsequently became CB&I AREVA MOX Services, LLC (MOX Services))2 received 

 

1 Intervenors’ Unopposed Motion to Amend Protective Order (May 17, 2016), at 1 (Motion). A 

third intervenor, Nuclear Information and Resource Service, did not receive Controlled 

Information under the Protective Order and therefore did not participate in this Motion. Id. at 1 

n.1. 

2 Letter from Jack Strosnider, NRC, to David Stinson, Shaw AREVA MOX Services (Nov. 30, 

2006), at 1 (ADAMS accession no. ML063200264); In the Matter of CB&I AREVA MOX 

Services, LLC; Order, 79 Fed. Reg. 69,886, 69,887 (Nov. 24, 2014). 
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a construction authorization for the MOX Facility located at the Department of Energy’s (DOE) 

Savannah River Site.3 The next year, Shaw AREVA MOX Services filed an application to 

possess and use strategic special nuclear material, byproduct material, and source material at 

the MOX Facility. An adjudicatory proceeding related to the application began in 2007 and 

ended in 2015.4 The Atomic Safety and Licensing Board held hearings on three admitted 

contentions related to material control and accounting (Contentions 9, 10, and 11).5 The Board 

ruled on the merits of the three contentions and ultimately found in favor of Shaw AREVA MOX 

Services.6 The Intervenors appealed; we denied their petition for review and terminated the 

proceeding last year in CLI-15-9.7

Early in the proceeding, the Board issued a Protective Order governing the Intervenors’ 

access to certain “Controlled Information,” i.e., proprietary information and sensitive unclassified 

non-safeguards information (SUNSI).8 After admitting Contentions 9, 10, and 11, the Board 

amended the Protective Order to allow the Intervenors access to information designated by 

DOE as unclassified controlled nuclear information (UCNI).9 As relevant here, the Protective 

 

3 Mixed Oxide Fuel Fabrication Facility Construction Authorization; Construction Authorization 

No. CAMOX-001 (Mar. 30, 2005) (ML050660392). 

4 See CLI-15-9, 81 NRC 512, 513-14 (2015); LBP-14-1, 79 NRC 39, 47-48 (2014). 

5 CLI-15-9, 81 NRC at 514-15. 

6 Id. at 515 (citing LBP-14-1, 79 NRC at 46). 

7 Id. at 519. 

8 Licensing Board Order (Adopting Protective Order) (Dec. 31, 2008) (unpublished) (attaching 

Protective Order and Controlled Information Nondisclosure Declaration (Nondisclosure 

Declaration)). 

9 Licensing Board Memorandum and Order (Summarizing Prehearing Conference Call, Revising 

Protective Order, and Scheduling Evidentiary Proceeding) (July 26, 2011), at 6-7 (unpublished) 

(Order Revising Protective Order). The Motion cites to the document destruction requirements 
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Order required the Intervenors to dispose of any documents containing Controlled Information 

by delivering them to the Board in accordance with the Nondisclosure Declaration attached to 

the Protective Order.10 The Nondisclosure Declaration, in turn, provided that an individual with 

access to Controlled Information would, among other things, provide the Board with an 

accounting of all documents with Controlled Information and submit such documents to the 

Board via U.S. Postal Service registered, certified, or express mail for destruction either at the 

conclusion of the proceeding or at the conclusion of the individual’s participation in the 

proceeding.11

The Nondisclosure Declaration was signed by four individuals: representatives of 

BREDL and Nuclear Watch South, the Intervenors’ counsel, and the Intervenors’ expert witness; 

the Intervenors’ counsel possesses the majority of the documents provided to the Intervenors.12

BREDL and Nuclear Watch South now seek to amend the Protective Order and 

Nondisclosure Declaration to dispose of documents in a way not specified by the Protective 

Order and Nondisclosure Declaration. In particular, they seek to shred paper documents in 

accordance with the DOE regulation governing destruction of UCNI and mail any compact discs 

 

in paragraph I of the Protective Order and paragraph 13 of the Nondisclosure Declaration. 

Motion at 4-5. Following the revision, those paragraphs were retitled paragraph J and 

paragraph 14, respectively. Order Revising Protective Order at 6-7 (citing Joint Motion for 

Board Approval of Revised Protective Order and Nondisclosure Declaration (June 29, 2011) 

(attachments)). For clarity’s sake, we cite to the revised paragraph titles. 

10 Protective Order ¶ J. 

11 Nondisclosure Declaration ¶ 14. 

12 Motion at 3. 
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containing Controlled Information to MOX Services.13 The Intervenors represent that such an 

amendment would save the time and expense associated with packaging a large volume of 

documents (approximately five file cabinet drawers) in sealed double envelopes that are 

specially marked and mailing them by special delivery service.14 BREDL and Nuclear Watch 

South represent that they will (1) comply with all requirements of the Protective Order as 

modified, including making an accounting of the documents to the Secretary of the Commission; 

(2) shred paper documents pursuant to DOE’s specifications for UCNI documents; and 

(3) confirm by declaration that they have destroyed or mailed the documents to the appropriate 

person.15 Neither MOX Services nor the NRC Staff opposes the Motion.16

We grant the Motion as follows. We find that the requested amendments to the 

Protective Order and the associated relief related to the Nondisclosure Declaration would not 

compromise the security of the Controlled Information because the information will be destroyed 

in a manner that complies with relevant DOE regulations and NRC guidance. However, the 

more efficient course is to amend only the Protective Order to avoid a need for the Intervenors 

 

13 Id. at 4; see 10 C.F.R. § 1017.26 (allowing for shredding by using a cross-cut shredder that 

produces pieces no larger than one-quarter inch wide by two inches long). Of the types of 

Controlled Information addressed by the Protective Order, UCNI has the strictest level of 

controls. NRC guidance provides that sensitive unclassified information should be destroyed 

“by a method that will prevent reconstruction of the information in whole or in part” and includes 

shredding as an option. Management Directive 12.6, “NRC Sensitive Unclassified Information 

Security Program,” (revised Dec. 20, 1999), Handbook 12.6, at 17. 

14 Motion at 3-4. 

15 Id. at 4. Under the terms of the Nondisclosure Declaration, “documents” include information 

on paper or electronic media. Nondisclosure Declaration ¶ 1.(g). 

16 Motion at 1; see Public Citizen v. Liggett Group, Inc., 858 F.2d 775, 781-83 (1st Cir. 1988) 

(noting that courts retain the power to modify protective orders even after the underlying 

proceeding closes). 
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to re-file amended Nondisclosure Declarations. We therefore modify paragraph J of the 

Protective Order as follows:17

Once granted access to Controlled Information, persons shall keep a record of all 

documents containing or revealing Controlled Information in their possession, 

custody, or control and shall account for and ultimately destroy deliver that 

information for disposal to the Board, in accordance with the nondisclosure 

declaration attached hereto by shredding paper documents with a cross-cut 

shredder that produces particles no larger than one-quarter inch wide and two 

inches long, in conformance with the requirements of 10 C.F.R. § 1017.26. If a 

person does not possess such a shredder, he or she shall mail the documents to 

counsel for Intervenors in a manner that conforms to the requirements of the 

Protective Order and shall request her to destroy them. Any CDs containing 

Controlled Information shall be delivered to MOX Services c/o Dealis Gwyn 

under the terms of this Protective Order. 

Consistent with this modification, CDs containing Controlled Information shall be mailed 

to the following address: 

CB&I AREVA MOX Services 

Attn: Dealis Gwyn (706-5F) 

P.O. Box 7097 

Aiken, SC 29804-7097 

Upon completion of document destruction activities, each individual subject to the 

Nondisclosure Declaration shall prepare a declaration confirming that the Controlled Information 

in his or her possession was destroyed, mailed to counsel for the Intervenors, or mailed to MOX 

Services at the above address.18 These declarations shall be submitted to the Secretary of the 

Commission within thirty days from the date of this Order. 

This decision supersedes the document disposal provisions of paragraph J of the 

Protective Order and paragraph 14 of the Nondisclosure Declaration. Individuals subject to the 

Nondisclosure Declaration are not required to execute an amended Nondisclosure Declaration. 

 

17 Deletions are indicated with a line through the text, and insertions are underlined. 

18 See Protective Order ¶ J; Nondisclosure Declaration ¶ 14. 
IT IS SO ORDERED. 19 

\ 

Dated at Rockville. Maryland. 

this 9th day of September 2016. 

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For the Commission 

Andrew L. Bates 

Acting Secretary of the Commission 

19 Chairman Burns has in the past disqualified himself from participating in this proceeding 

because of his prior service as Deputy General Counsel of the Nuclear Regulatory Commission. 

He abstains from this matter and is participating solely for the purpose of establishing a quorum 

for Commission action. See 42 U.S.C. § 5841 (a). 
UNITED STATES OF AMERICA 

NUCLEAR REGULATORY COMMISSION 

In the Matter of ) 

 ) 

CB&I AREVA MOX SERVICES, LLC ) Docket No. 70-3098-MLA 

 ) 

(Mixed Oxide Fuel Fabrication Facility ) 

 Possession and Use License) ) 

CERTIFICATE OF SERVICE 

I hereby certify that copies of the foregoing COMMISSION MEMORANDUM AND ORDER CLI-16-14

have been served upon the following persons by U.S. mail, first class, or through NRC internal 

distribution. 

Office of Commission Appellate 

 Adjudication 

U.S. Nuclear Regulatory Commission 

Washington, DC 20555-0001 

Administrative Judge 

Michael C. Farrar, Chair 

Atomic Safety and Licensing Board Panel 

Mail Stop - T-3 F23 

U.S. Nuclear Regulatory Commission 

Washington, DC 20555-0001 

Administrative Judge 

Nicholas G. Trikouros 

Atomic Safety and Licensing Board Panel 

Mail Stop - T-3 F23 

U.S. Nuclear Regulatory Commission 

Washington, DC 20555-0001 

Administrative Judge 

Paul B. Abramson 

Atomic Safety and Licensing Board Panel 

Mail Stop - T-3 F23 

U.S. Nuclear Regulatory Commission 

Washington, DC 20555-0001 

Nicholas Sciretta, Law Clerk 

Matt Zogby, Law Clerk 

Catherine Scott, Esq. 

Christopher Hair, Esq. 

Marcia J. Simon, Esq. 

Eric Michel, Esq. 

Office of the General Counsel 

Mail Stop - O-15 D21 

U.S. Nuclear Regulatory Commission 

Washington, DC 20555-0001 

Shaw AREVA MOX Services 

P.O. Box 7097 

Aiken, SC 29804 

Attention: Dealis Gwyn 
Docket No. 70-3098-MLA 

COMMISSION MEMORANDUM AND ORDER CLI-16-14 

2

Glenn Carroll 

Coordinator 

Nuclear Watch South 

P.O. Box 8574 

Atlanta, GA 31106 

Louis A. Zeller 

Blue Ridge Environmental Defense League 

P.O. Box 88 

Glendale Springs, NC 28629 

Mary Olson 

Nuclear Information and Resource Service 

P.O. Box 7586 

Asheville, NC 28802 

Donald J. Silverman, Esq. 

Timothy P. Matthews, Esq. 

Anna L. Jones, Esq. 

Morgan, Lewis & Bockius LLP 

1111 Pennsylvania Avenue, NW 

Washington, DC 20004 

Diane Curran, Esq. 

Harmon, Curran, Spielberg & 

 Eisenberg, L.L.P. 

1726 M Street, NW, Suite 600 

Washington, DC 20036 

 [Original signed by Brian Newell] 

 _________________________________ 

 Office of the Secretary of the Commission 

 

Dated at Rockville, Maryland, 

this 9th day of September, 2016