ML090790909
| ML090790909 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island  |
| Issue date: | 03/20/2009 |
| From: | Mahowald P Prairie Island Indian Community |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-282-LR, 50-306-LR, ASLBP 08-871-01-LR-BD01, RAS 3020 | |
| Download: ML090790909 (7) | |
Text
March 20, 2009 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
Docket Nos. 50-282-LR Northern States Power Co.
)
50-306-LR
)
(Prairie Island Nuclear Generating Plant,
)
ASLBP No.
08-871-01-LR Units 1 and 2)
)
PRAIRIE ISLAND INDIAN COMMUNITYS REPORT TO THE BOARD REGARDING STATUS OF NEGOTIATIONS ON PROTECTIVE ORDER AND NON-DISCLOSURE AGREEMENT REGARDING PROPRIETARY DOCUMENTS By the Memorandum and Order of March 16, 2009, the Board directed Northern States Power Company (NSPM) and the Prairie Island Indian Community (PIIC) to negotiate a mutually agreeable protective order and a non-disclosure statement and report to the Board no later than March 20, 2009 whether or not an agreement has been reached. While NSPM and the PIIC have engaged in constructive, good-faith negotiations pursuant to the Boards order, they have been unable to reach an agreement on the form and scope of a protective order and non-disclosure agreement to resolve certain disclosure concerns. Therefore, in answer to the Boards directive, an agreement has not been reached.
Northern States Power Companys Report to the Board on Disclosure Discussions filed earlier this afternoon goes further to submit additional argument to supplement its previously-filed response to PIICs Motion for Protective Order, and also submits as an attachment to its Report NSPMs Disclosure Proposal, a similar version of which was circulated between NSPM and PIIC
2 in an effort to resolve their differences on the form and scope of the protective order.1 While PIIC is unclear whether this is the report the Board intended, set forth below are the proposed changes to NSPMs Disclosure Proposal that were provided by PIIC and rejected by NSPM:
- 3.
NSPM will limit any dissemination of confidential income property valuation information received from the PIIC to outside counsel and outside experts working on addressing Contention 2 and the following four NSPM employees, subject to each recipient signing such Confidentiality Agreement as the Board may require by Protective Order:
Charles Bomberger, Bomberger, Vice President, Nuclear Projects Kenneth Albrecht, General Manager, Major Projects - Nuclear Eugene Eckholt, Project Manager, License Renewal Project James Holthaus, Environmental Project Manager Further, highly confidential income information received from relevant to addressing Contention 2 that is disclosed by the PIIC will not be disseminated to these four NSPM employees except as described below.
- 4.
Subject to the Protective Order and Non-Disclosure Agreement issued by the Board, the PIIC will promptly produce to NSPMs outside counsel the Replacement and Reconstruction Appraisal and the Audited Financial Statements identified in the PIICs March 9, 2009 proprietary log. Before seeking receipt of any further confidential financial documents, NSPM will have its outside counsel and outside consultants review these two documents to determine whether they are sufficient for use in addressing Contention 2. If NSPMs outside counsel and outside consultants 1 PIIC in previous filings has questioned the relevancy of the highly confidential income information sought by NSPM. Since no motion is pending on that question, however, PIIC declines to further address the question of relevancy at this time and reserves its right to challenge the relevancy of the requested highly confidential income information at the appropriate time.
3 determine that additional documents are needed, NSPM reserves the right to request such documents and, if necessary, move the Board to compel such production.
- 5.
Upon determination that the confidential or highly confidential information received from the PIIC is sufficient to support analyses addressing Contention 2, NSPM will have its outside consultants perform sensitivity analyses to determine whether use of the PIIC information materially affects the results of the SAMA analysis contained in NSPMs Environmental Report (ER). The analysis in the ER will be considered materially affected if use of PIIC information results in additional SAMA being identified as cost beneficial. If use of the PIIC information does not materially affect the SAMA analysis in the ER, NSPM will provide the consultants report to the PIIC and allow the PIIC a reasonable opportunity (not to exceed ten days) to review the report and withdraw Contention 2 or reach an agreement with NSPM to settle Contention 2 prior to NSPM seeking summary disposition. The inputs derived from PIIC highly confidential income information will not be disclosed to the four designated NSPM employees (i.e. any copy of the consultants report provided to NSPM will have PIIC highly confidential income information redacted) unless (1) the consultants report indicates that the conclusions of the SAMA analysis in the ER are materially affected, or (2) after review of the consultants report, the PIIC declines to withdraw Contention 2 or PIIC and NSPM are unable to reach an agreement with NSPM to settle Contention 2. If use of the PIIC information does materially affect the SAMA analysis, NSPM will provide the consultants report to the PIIC and allow PIIC a reasonable opportunity (not to exceed 10 days) to review the consultants report and either withdraw or reach an agreement with NSPM to settle Contention 2 as it relates to the highly confidential information, or
4 reach an agreement with NSPM on whether and how to disclose PIICs highly confidential information to the four designated NSPM employees. If PIIC declines to withdraw the Contention 2 or is unable reach an agreement with NSPM to settle the Contention as it relates to the highly confidential financial information, and if PIIC and NSPM are unable to reach an agreement to disclose PIICs highly confidential information to the four designated NSPM employees, the parties may seek additional guidance from the Board on further disclosure and dissemination of the highly confidential information. The inputs derived from PIIC confidential financial information will not be disclosed to the four designated NSPM employees (i.e. any copy of the consultants report provided to NSPM will have PIIC confidential financial information redacted) until such disclosure is agreed to by PIIC or authorized by the Board.
PIIC believes that its proposed changes to NSPMs Disclosure Proposal set forth above are the better approach to dealing with this highly confidential income information - the relevance of which is still in dispute and which may not even materially affect NSPMs sensitivity analysis. PIIC otherwise stands by its position set forth in its March 19, 2009 Response to NSPMs Motion for Protective Order and Non-Disclosure Agreement Regarding Proprietary Documents.2 2 PIIC objects to the arguments set forth in the first full paragraph on page 3 of NSPMs Report as well beyond the scope of the issues before the Board at this time and as being completely unresponsive to the Boards directive.
As previously stated, PIIC is ready, willing and able, subject to an appropriate protective order, to disclose the confidential property valuation information and, if relevant, the highly confidential income information that is sought by NSPM and which was previously disclosed by PIIC.
5 Accordingly, PIIC respectfully requests that the Board deny NSPMs motion and issue the proposed Protective Order and Non-Disclosure Agreement in the form proposed by PIIC.
Respectfully Submitted,
/Signed electronically by Philip R. Mahowald/
Philip R. Mahowald PRAIRIE ISLAND INDIAN COMMUNITY 5636 Sturgeon Lake Road Welch, MN 55089 Tel. (651) 267-4006 Counsel for Prairie Island Indian Community Dated: March 20, 2009
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
Docket Nos. 50-282-LR Northern States Power Co.
)
50-306-LR
)
(Prairie Island Nuclear Generating Plant,
)
ASLBP No. 08-871-01-LR Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of Prairie Island Indian Communitys Report to the Board Regarding the Status of Negotiations on Motion for Protective Order and Non-Disclosure Agreement Regarding Proprietary Documents, dated March 20, 2009, was provided to the Electronic Information Exchange for service on the individuals listed below, this 20th day of March, 2009.
Administrative Judge William J. Froehlich, Esq., Chair Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Email: wjf1@nrc.gov Administrative Judge Dr. Gary S. Arnold Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Email: gxa1@nrc.gov Administrative Judge Dr. Thomas J. Hirons Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Email: thomas.hirons@nrc.gov Secretary Attn: Rulemakings and Adjudications Staff Mail Stop O-16 C1 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 secy@nrc.gov; hearingdocket@nrc.gov
Office of Commission Appellate Adjudication Mail Stop O-16 C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov Beth N. Mizuno, Esq.
David E. Roth, Esq.
Brian G. Harris, Esq.
Maxwell C. Smith, Esq.
Office of the General Counsel Mail Stop O-15 D21 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 E-mail: beth.mizuno@nrc.gov; david.roth@nrc.gov; brian.harris@nrc.gov; maxwell.smith@nrc.gov David R. Lewis, Esq.
Matias F. Travieso-Diaz, Esq.
Stefanie M. Nelson, Esq.
Pillsbury, Winthrop, Shaw, Pittman, LLP 2300 N Street, N.W.
Washington, DC 20037-1122 E-mail: david.lewis@pillsburylaw.com E-mail: matias.travieso-diaz@pillsburylaw.com E-mail: stefanie.nelson@pillsburylaw.com Peter M. Glass, Esq.
Xcel Energy Services, Inc.
414 Nicollet Mall Minneapolis, Minnesota 55401 E-mail: peter.m.glass@xcelenergy.com
/Signed electronically by Philip R. Mahowald/
Philip R. Mahowald