ML19210C311
| ML19210C311 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 10/22/1979 |
| From: | Copeland J, Newman J BAKER & BOTTS, HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7911140062 | |
| Download: ML19210C311 (10) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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BEFORE THE ATOMIC SAFETY AND LICENSING BCARD In the Matter of S
S HOUSTON LIGHTING & POWER COMPANY S
Docket No. 50-466 S
(Allens Creek Nuclear Generating S
Station, Unit 1)
S MOTION FOR PROTECTIVE ORDER Houston I',ating & Power Company ("HL&P"), pur-suant to 10 CFR Sections 2.740 (c) and 2.790 (b) (6), moves for the isstar.'L of a Protective Order (attached hereto) concern-ing the public disclosure of certain documents and information which HL&P has.been requested to produce or disclose by Intervenor John Doherty's First Set of Interrogatories and Second Set of Request for Documents to HL&P.
The information and related document requested by Mr. Doherty relates to or contains irformation in the posses--
sion of the General Electric Company, the vendor for ACNGS.
The General Electric Company regards this document to be confidential and proprietary and believes that public dis-closure of this information could seriously impair its relationships with its competitors.
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7911140
Counsel for HL&P has been authorized by Mr.
Doherty to represent to this Board *5at Mr. Doherty does not object to the entry of a Protective Order in the form at-tached hereto.
WHEREFORE, HL&P respectfully requests that this Board enter the Protective Order attached hereto.
Respectfully submitted, M8'I4k OF COUNSEL:
. Gregorg Cppelahd N
Thomas m'ddle, Jr.
BAKER & BOTTS harles G. Thrash, Jr.
3000 One Shell Plaza 3000 One Shell Plaza Houston, Texas 77002 Houston, Texas 77002 LOWENSTEIN, NEWMAN, REIS, Jack R. Newman AXELRAD & TOLL Robert H. Culp 1025 Connecticut Ave., N.W.
1025 Connecticut Ave., N.W.
Washington, D. C.
20036 Washington, D. C. 20036 ATTORNEYS FOR APPLICANT HOUSTON LIGHTING & POWER COMPANY 1 241
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4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of S
S HOUSTON LIGHTING & POWER COMPANY S
Docket No. 50-466 S
(Allens Creek Nuclear Generating S
Station, Unit 1)
S PROTECTIVE ORDER On April 9, 1979, Intervenor John F. Doherty filed his First Set of Interrogatories to Houston Lighting & Power Company ("HL&P") and Second Request for Production of Docu-ments to EL&P.
Subsequent to HL&P's answer and production of documents, the General Electric Company developed a document which is responsive to Interrogatory No. 1 of Doherty's First Interrogatories.
Both HL&P and the General Electric Company are willing to pro <uce this document to Mr.
Doherty for his inspection and copying.
However, certain parts of the document relate to or contain information which is of a confidential or proprietary nature, the release or disclosure of which to third parties could seriously impair the General Electric Company's relationships with its competi-tors.
Mr. Doherty advised the Board t, hat he has no objection
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to the entry of a Protective Order protecting the confiden-tiality of the following described document and the informa-tion contained thereir..
WHEREFORE, IT IS ORDERED that the document en-titled " Assessment of BWR Mitigation of ATWS (NUREG-0460 Alternate No. 3) May, 1979", and the information contained therein, shall be considered confidential and subject to the following restrictions:
1.
The foregoing document and information con-tained therein shall not be disclosed to any person other than (a) counsel for parties to this proceeding, including necessary secretarial and clerical personnel assisting such counsel; (b) qualified persons taking testimony involving such document or information and necessary stenographic and clerical personnel thereof; (c) independent consultants and technical experts and their staff who are engaged directly in this litigation; and (d) the Commission, the Board, the presiding officer, or Commission's staff.
2.
The foregoing document and information con-tained therein above shall not be made available to any person designated in paragraph 1(c) unless they shall have first read this.arder and shall have agreed, in writing (a) to be bound by the terms thereof; (b) not to reveal such confidential document or information to anyone other than D
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another person designated in paragraph one; and (c) to utilize such confidential document and information solely for purposes of this proceeding.
3.
If the Commission or the Board orders that access to or dissemination of the foregoing confidential document and information contained therein shall be made to persons not included in paragraph 1 above, such matter shall only be accessible to, or disseminated to, such persons based upon the conditions pertaining to, and obligations arising frcm this order, and such persons shall be con-sidered subject to it.
4.
Any portion of a transcript in connection with this proceeding containing the foregoing confidential document or information contained therein sha]1 be examined in, camera and shall be bound separately and filed under seal.
If said document or information are included in an authorized transcript of a deposition or exnibits thereto, arrangements shall be made.with the court reporter taking the deposition to bind such confidential portions and sep-arately label them " (Company's Name), CONFIDENTIAL BUSINESS INFORM 7. TION, SUBJECT TO PROTECTIVE ORDER".
Before a court reporter receives any such document or information, he or she shall have first read this order and shall have agreed in writing to be bound by the terms thereof.
124k 5.
Any confidential document or information defined above is to be treated as such within the meaning of 5 U.S.C. 552 (b) (4) and 18 U.S.C.
1905 subject to a final ruling, after notice, by the Commission, Board, the pre-siding officer, or the Commission's Freedom of Information Act Officer to the contrary, or by appeal of such a ruling, interlocutory or otherwise.
6.
If confidential documents or information are disclosed to any person other than in the manner authorized by this protective order, the person responsible for the disclosure must immediately bring all~ pertinent facts re-lating to such disclosure to the attention of counsel for the General Electric Company and Houston Lighting & Power Company and the presiding officer and, without prejudice to other rights and remedies of the General Electric Company and Houston Lighting & Power Company, make every effort to prevent further disclosure by it or by the person who was the recipient of such information.
7.
Nothing in this order shall affect the ad-missibility into evidence of the foregoing document or information contained there.t.n, or abridge the right or any person to seek judicial review or to pursue other appro-priate judicial action with respect to any ruling made by the Commission, its Freedom of Information Act Officer, the Board or the presiding officer concerning the issue of the status of confidential business information.
8.
Upon final termination of this proceeding, each person that is subject to this order shall assemble and return to counsel for Houston Lighting & Power Company all confidential documents and information defined above, including all copies of such matter which may have been made, but not including copies containing notes or other attorney's work product that may have been placed thereon tf counsel for the receiving party.
All copies containing notes or other attorney's work product shall be destroyed.
This paragraph shall not apply to the Commission, the Board, the presiding officer or the Commission's staff, which shall retain such material pursuant to statutory requirements and for other record keeping purposes, but may destroy those additional copies in its possession which it regards as surplusage.
A copy of this order shall be served on all parties.
BY ORDER OF THE ATOMIC SAFETY AND LICENSING BOARD Dated:
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of S
S HOUSTON LIGHTING & POWER COMPANY S
Docket No. 50-466 S
(Allens Creek Nuclear Generating 3
Station, Unit 1)
S e
CERTIFICATE OF SERVICE I hereby cert 3fy that copies of the foregoing Motion for Protective Order in the above-captioned pro-ceeding were served on the following by deposit in the United States mail, postage prepaid, or by hand-delivery this 22nd day of October, 1979.
Sheldon J. Wolfe, Esq., Chairman Richard Lowerre, Esq.
Atomic Safety and Licensing Assistant Attorney General Board Panel for the State of Texas U.S. Nuclear Regulatory Commission P. O.
Box 12548 Washington, D. C.
20555 Capitol Station Austin, Texas 78711 Dr.
E. Leonard Cheatum Route 3, Box 350A Hon. Charles J. Dusek Watkinsville, Georgia 30677 Mayor, City of Wallis P.O.
Box 312 Mr. Gustave A. Linenberger Wallis, Texas 77485 Atomic Safety and Licensing Board Pane' Hon. Leroy H. Grebe U.S. Nuclear Regulatory Commission County Judge, Austin County Washington, D. ".. 20555 P.
O.
Box 99 Bellville, Texas 77418 Chase R.
Stephens Docketing and Service Section Atomic Safety and Licensing Office of the Secretary of the Appeal Board Commission U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D. C.
20555 Washington, D. C.
20553 R. Gordon Gooch, Esq.
Atomic Safety and Licensing Baker & Botts Board Panel 1701 Pennsylvania Avenue, N. W.
U.S. Nuclear Regulatory Washington, D. C.
20006 Commission Washington, D. C.
20555 1
249s
Steve Schinki, Esq.
Carolina Conn Staff Counsel 1414 Scenic Ridge U.S. Nuclear Regulatory Commission Houston, Texas 77043 Washington, D. C. 20555 Elinore P. Cumings John F. Doherty Route 1, Box lj8V 4327 Alconbury Street Rosenberg, TeAas 77471 Houston, Texas 77021 Stephen A. Doggett, Esq.
Robert S. Framson P. O. Box 592 Madeline Bass Framson Rosenberg, Texas 77471
- 4822 Waynesboro Drive Houston, Texas 77035 Robin Griffith 1034 Sally Ann Carro Hinderstein Rosenberg, Texas 77471 8739 Link Terrace Houston, 1=xas 77025 Leotis Johnston 1407 Scenic Ridge D. Marrack Houston, Texas 77043 420 Mulberry Lane Bellaire, Texas 77401 Rosemary N. Lemmer 11423 Oak Spring Brenda McCorkle Houston, Texas 77043 6140 Darnell Houston, Texas 77074 Kathryn Otto Route 2, Box 62L F. H. Potthoff, III Richmond, Texas 77469 7200 Shady Villa, #110 Houston, Texas 77055 Frances Pavlovic 111 Datonia James M. Scott, Jr.
Bellaire, Texas 77401 8302 Albacore Houston, Texas 77074 Charles Perez 1014 Montrose Boulevard Bryan L. Baker Houston, Texas 77019 1118 Montrose Houston, Texas 77019 William Schuessler 5810 Darnell Dorothy F. Carrick Houston, Texas 77074 Box 409, Wagon Rd. Rfd. #1 Wallis. Texas 77485 Patricia L. Strelein Route 2, Box 395C Richmond, Texas 1
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Glen Van Slyke 1739 Marshall Houston, Texas 77098 Lonald D. Weaver P. O. Drawer V Simonton, Texas 77476 Connie Wilson 11427 Oak Spring Houston, Texas 77043
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