ML050270314
| ML050270314 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 01/18/2005 |
| From: | Silberg J Entergy Nuclear Operations, Entergy Nuclear Vermont Yankee, ShawPittman, LLP |
| To: | Atomic Safety and Licensing Board Panel |
| Byrdsong A T | |
| References | |
| 50-271-OLA, ASLBP 04-832-02-OLA, RAS 9221 | |
| Download: ML050270314 (11) | |
Text
. 3A5 q,2al January 18, 2005 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board DOCKETED USNRC January 18, 2005 (1:18 pm)
OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF
)
In the Matter of ENTERGY NUCLEAR VERMONT YANKEE, LLC and ENTERGY NUCLEAR OPERATIONS, INC.
(Vermont Yankee Nuclear Power Station)
)
Docket No. 50-271
)
ASLBP No. 04-832-02-OLA
)
(Operating License Amendment)
)
ENTERGY'S AMENDED MOTION FOR PROTECTIVE ORDER GOVERNING ACCESS TO AND DISCLOSURE OF TRADE SECRETS AND CONFIDENTIAL COMMERCIAL OR FINANCIAL INFORMATION On January 12, 2005, Applicants Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. (collectively "Entergy") filed a motion pursuant to 10 C.F.R. §2.323 seeking that the Atomic Safety and Licensing Board ("Board") issue a Protective Order governing access to and disclosure of certain information constituting trade secrets and confidential commercial or financial information of Entergy and its vendors and contractors
("Entergy's Protective Order Motion.") In its motion, Entergy requested that the Board adopt a draft Protective Order and a Confidentiality and Non-Disclosure Agreement attached to the draft Protective Order.
Since the filing of Entergy's Protective Order Motion, Entergy has consulted with counsel for the Vermont Department of Public Service ("DPS"), the New England Coalition
("NEC") and the NRC Staff, and all parties have agreed to a modified Protective Order of the kerrilf'e~ £ ecy-4 e
m
form attached hereto.' Accordingly, Entergy's Protective Order Motion is hereby withdrawn.
For the reasons stated in that motion and herein, Entergy requests that the Board issue a Protective Order in the form attached.
Respectfully submitted, Jay lberg 3
Matias. Travieso-Diaz Douglas J. Rosinski SHAW PITTMAN LLP 2300 N Street, N.W.
Washington, DC 20037-1128 Tel. (202) 663-8063 Counsel for Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.
Dated: January 18, 2005 I
The modified Protective Order enclosed with this Amended Motion shows in redline the changes agreed to by the parties.
Entergy has also agreed with DPS that proprietary information returned to Entergy at the conclusion of this proceeding, will be retained for DPS at the Vermont Yankee Nuclear Power Station in accordance with existing proprietary agreements already executed by DPS.
2
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Atomic Safety and Licensing Board Before Administrative Judges:
Alex S. Karlin, Chairman Dr. Anthony J. Baratta Lester S. Rubenstein In the Matter of
)
)
Docket No. 50-271 ENTERGY NUCLEAR VERMONT
)
YANKEE, LLC and ENTERGY
)
ASLBP No. 04-832-02-OLA NUCLEAR OPERATIONS, INC.
)
(Operating License Amendment)
(Vermont Yankee Nuclear Power Station)
)
)
MEMORANDUM AND ORDER (Protective Order)
This Protective Order governs the disclosure and use in this proceeding of certain documentation containing proprietary trade secrets and commercial and financial information of Applicants Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.
(collectively "Entergy") and Entergy's vendors and contractors. Pursuant to this Protective Order, counsel, employees, consultants and others representing the Vermont Department of Public Service, ("DPS") the New England Coalition ("NEC"), and the NRC Staff ("Staff ') shall be permitted access to documentation containing proprietary trade secrets and commercial and financial information of Entergy and Entergy's vendors and contractors upon the following conditions:
- 1. Documents identified by Entergy as "proprietary" shall be deemed to contain proprietary trade secrets and commercial and financial information required to be held in confidence pursuant to the policy reflected in 10 C.F.R. §§ 2.390(a)(4) and 9.17(a)(4)
("Proprietary Information Required to Be Held in Confidence"). If any party does not agree to I
treat aspecific documents identified by Entergy as "proprietary" as requiring confidential treatment hereunder, such party may request withiinno later than forty-five (45) se] ein(7 bushiess-days prior to the scheduled date for a hearing in this proceeding. or no later than seven (7) business days after receipt of such a document if the document is received less than forty-five days prior to the scheduled date of the hearing. of its receipt of a such documents that the Atomic Safety and Licensing Board ("Board") rule on whether the documents at issue should be held in confidence under the terms of this Protective Order. In determining the issue of whether the document should retain its "proprietary" designation, the burden shall be on the partv claiming such "proprietary" status for the document. During the se en day period, and p ending a ruling by the Board, the documents in question shall continue to be held in confidence as provided herein. Should the Board rule that any documents should not be held in confidence, unrestricted use of such documents shall not take place until the later of ten business days after the Board so orders, or, if Entergy files an interlocutory appeal or requests a stay of such ruling, the date upon which such appeal or request is decided; provided, however, that such period of time may be extended in accordance with any stay ordered by the Board or a reviewing court.
- 2. Only individual counsel, consultants, employees and others representing DPS, NEC or the Staff may have access to documents deemed to contain Proprietary Information Required to Be Held in Confidence. Such documents shall not be used except as necessary for the conduct of this proceeding, and shall not be disclosed in any manner to any person except those engaged in the conduct of this proceeding and who. in the reasonable opinion of the party who has received such documents. need to know the information contained in the documents in order to carry out their responsibilities in this proceeding. Individuals with access to such documents may make copies of and take notes on the confidential information contained in the documents, but such copies and notes become subject to the terms of this Protective Order.
2
- 3. Any person permitted access to documents deemed to contain Proprietary Information Required to Be Held in Confidence shall execute the attached Confidentiality and Non-Disclosure Agreement.
- 4. Counsel, consultants, employees and others representing a party who receive documents subject to the terms of this Protective Order shall maintain the confidentiality of the information contained therein as required in the attached Confidentiality and Non-Disclosure Agreement, the terms of which are incorporated herein.
- 5. All pleadings and correspondence in this proceeding that contain Proprietary Information Required to Be Held in Confidence pursuant to this Protective Order shall:
- a. Be served by electronic mail (except for attachments to such pleadings which are not already in electronic format), with an additional paper copy served in a single, opaque envelope by United States first class, registered, express, or certified mail, internal NRC mail, messenger-courier, or overnight delivery service;
- b. Include an attached cover sheet identifying the pleading or correspondence as containing Proprietary Information Required to Be Held in Confidence and a cover letter that describes the contents of the pleading or correspondence without reference to such information;
- c. Be served only on the Board, the NRC's Office of the Secretary, and persons authorized to receive such information pursuant to this Protective Order.
- 6. Counsel shall take all reasonable precautions necessary to assure that Proprietary Information Required to Be Held in Confidence is not distributed to unauthorized persons.
Counsel are responsible for ensuring that persons under their supervision or control comply with this Protective Order.
- 7. Proprietary Information Required to Be Held in Confidence shall remain available to all parties until the later of the date that an order terminating this proceeding is no longer subject to judicial review, or the date that any other Commission proceeding relating to such information 3
is concluded and no longer subject to judicial review. The parties shall, within fifteen (15) days of the later date described above, return the documents containing such information to counsel for Entergy or shall destroy that information and advise counsel for Entergy of such destruction, except that copies of filings, transcripts and exhibits in this proceeding that contain such information may be retained if they are maintained in a secure place such that no distribution of the information to unauthorized individuals will occur. Within such time period, each party receiving Proprietary Information Required to Be Held in Confidence shall also submit to counsel for Entergy an affidavit stating that, to the best of its knowledge, all documents containing such information have been returned, have been destroyed, or will be maintained in a secure place such that no distribution of the information to unauthorized individuals will occur.
To the extent that documents that contain Proprietary Information Required to Be Held in Confidence are not returned or destroyed, they shall remain subject to the provisions of this Protective Order.
- 8. Counsel, consultants, employees or any other individuals representing a party who have reason to believe that Proprietary Information Required to Be Held in Confidence may have been lost or misplaced or may have otherwise become available to unauthorized persons during the pendency of this proceeding shall notify the Board and counsel for Entergy promptly of their concerns and the reasons for them.
- 9. Any violation of the terms of this Protective Order or a Confidentiality and Non-Disclosure Agreement executed in furtherance of this Protective Order may result in the imposition of such sanctions as the Board may deem appropriate, including but not limited to referral of the violation to appropriate bar associations and/or other disciplinary authorities.
- 10. The Board may alter or amend this Protective Order as circumstances warrant at any time during the course of this proceeding.
It is so ORDERED.
FOR THE ATOMIC SAFETY 4
AND LICENSING BOARD Alex S. Karlin, Chainman ADMINISTRATIVE JUDGE Rockville, Maryland January xx, 2005 5
ATTACHMENT UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
Docket No. 50-271 ENTERGY NUCLEAR VERMONT
)
YANKEE, LLC and ENTERGY
)
ASLBP No. 04-832-02-OLA NUCLEAR OPERATIONS, INC.
)
(Operating License Amendment)
(Vermont Yankee Nuclear Power Station)
)
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT Under penalty of perjury, I hereby certify that: access to Proprietary Information Required to Be Held in Confidence is provided to me pursuant to the terms and restrictions of the Atomic Safety and Licensing Board's ("Board's") Protective Order, dated January_, 2005, in this proceeding; that I have been given a copy and have read said Protective Order; and that I agree to be bound by it. I understand that the contents of the Proprietary Information Required to Be Held in Confidence, and any notes or other memoranda, or any form of information that copies or discloses proprietary information to be held in confidence shall not be disclosed to anyone except in accordance with that Protective Order. I acknowledge that a violation of this agreement or the Protective Order, which incorporates the terms of this agreement, constitutes a violation of an order of the Nuclear Regulatory Commission and may result in the imposition of such sanctions as the Board or the Commission may deem to be appropriate.
WHEREFORE, I do solemnly agree to protect such Proprietary Information Required to Be Held in Confidence as may be disclosed to me in this NRC proceeding, in accordance with the terms of this agreement.
I
Name (printed):
Title:
Employed by or Representing:
Signature:
Date:
2
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of ENTERGY NUCLEAR VERMONT YANKEE, LLC and ENTERGY NUCLEAR OPERATIONS, INC.
(Vermont Yankee Nuclear Power Station)
)
)
)
)
)
)
)
)
Docket No. 50-271 ASLBP No. 04-832-02-OLA (Operating License Amendment)
CERTIFICATE OF SERVICE I hereby certify that copies of"Entergy's Amended Motion for Protective Order Governing Access to and Disclosure of Trade Secrets and Confidential Commercial or Financial Information" were served on the persons listed below by deposit in the U.S. Mail, first class, postage prepaid, and where indicated by an asterisk by electronic mail, this 18th day of January, 2005.
- Administrative Judge Alex S. Karlin, Chair Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 ask2(anrc.sov
- Administrative Judge Dr. Anthony J. Baratta Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 aibSnrc.gov
- Administrative Judge Lester S. Rubenstein 4270 E Country Villa Drive Tucson AZ 85718 lesrrra~comcast.net Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
- Secretary Att'n: Rulemakings and Adjudications Staff Mail Stop 0-16 CI U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 secv(&nrc.gov, hearingdocket~inrc.gov Office of Commission Appellate Adjudication Mail Stop 0-16 Cl U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
- Sarah Hofmann Special Counsel Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 05620-2601 Sarah.Hofmann(istate.vt.us
- Anthony Z. Roisman National Legal Scholars Law Firm 84 East Thetford Rd.
Lyme, NH 03768 aroismanalvallev.net
- Brooke Poole, Esq.
- Robert Weisman, Esq.
- Marisa Higgins, Esq.
Office of the General Counsel Mail Stop 0-15 D21 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 bdpQinrc.gov. rmw(&,nrc.gov.
mch5Na)nrc.gov
- Jonathan M. Block 94 Main Street P.O. Box 566 Putney, VT 05346-0566 ionbai~sover.net
- Raymond Shadis New England Coalition P.O. Box 98 Shadis Road Edgecomb ME 04556 shadis(a)prexar.com i/ 47 (4 4<
Matias F. Travieso-Diaz 2