ML19210D800
| ML19210D800 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 11/07/1979 |
| From: | Wolfe S Atomic Safety and Licensing Board Panel |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7911280092 | |
| Download: ML19210D800 (5) | |
Text
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/m UNITED STATES i.
j NUCLEAR REGULATORY COMMISSION Is i
~c ATOMIC SAFETY AND LICENSING BOARD PANEL WASHIN GTON. D.C. 20555 N
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November 7,.1979 g4[ T S
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MEMORANDUM TO ALL PARTIES cP Q
In the Matter of N
p HOUSTON LIGHTING AND POWER COMPANY (Allens Creek Nuclear Generating Station, Unit 1)
Docket No. 50-466 CP Ladies and Gentlemen:
On October 22, 1979, Applicant filed a Motion For Protective Order to which was attached a copy of a Protective Order.
After reviewing the proposed Protective Order, we have revised it.
Within ten (10) days after the service of the enclosed Protective Order, as revised by the Board, the parties shall advise whether they have any objec-tions to the issuance thereof.
Very truly yours, h UNL Sheldon J. Wo @, Esqu're Chairman, Atomic Safety and Licensing Board
Enclosure:
Protective Order cc: Service List w/cy enclosure l4 g7 a
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gd UNITED STATES OF AMERICA BpT NUCLEAR REGULATORY COMMISSION 73
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THE ATOMIC SAFETY AND LICENSING BOARD ep.
,8 Sheldon J. Wolfe, Esquire, Chairman 9
Dr. E. Leonard Cheatum, Member d
Gustave A. Linenberger, Jr., Member
.=
In.the Matter of
)
)
HOUSTON LIGHTING AND POWER COMPANY
)
Docket No. 50-466 CP
)
(Allens Creek Nuclear Generating
)
Station, Unit 1)
)
PROTECTIVE ORDER On April 9,1979, Intervenor John F. Doherty filed his First Set of Inter-rogatories to Houston Lighting & Power Company ("HL&P") and Second Request for Production of Documents to HL&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 Generai Electric Company are willing to produce this document to Mr. Doherty for his inspection and copying.
However, HL&P asserts that General Electric regards that certain parts of the document relate to or contain infor-mation which is of a confidential or proprietary nature, the release or dis-closure of which to third parties could seriously impair the General Electric Company's relationships with its competitors. Mr. Doherty advised the Board that he has no objection to the entry of a Protective Order protecting the confidentiality of the following described document and the infonnation contained therein.
WHEREFORE, IT IS ORDERED that the document entitled " Assessment of BWR Mitigation of ATWS (NUREG-0460 Alternate No. 3) May, 1979", and the information 1403
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- contained therein, shall be accorded confidential treatment and subject to the following restrictions:
1.
The foregoing document and information contained therein shall not be disclosed to any person other than (a) counsel for parties to this pro-ceeding, including necessary secretarial and clerical personnel assisting such counsel; (b) q'ualified 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 Comission's staff.
2.
The foregoing document and information contained therein above shall not be made available to any person designated in paragraph 1(c) unless they shall have first read this order and shall have agreed, in writing (a) to be bound by the terms thereof; (b) not to reveal such document or information to anyone other than another person designated in paragraph one; if It should be noted that Applicant attached a copy of a proposed Protective Order to its Motion For Protective Order filed on October 22, 1979.
In said Motion, Applicant states that its vendor for the Allens Creek Nuclear Generating Station, the General Electric Company, has a document in its possession which HL&P has been requested to produce or disclose by Interv'enor John Doherty's First Set of Interrogatories and Second Set of Request for Documents to HL&P.
- Further, Applicant states that "The General Electric Company regards this document to be confidnetial and proprietary and believes that public disclosure of this infonnation could seriously impair its relationships with its competitors".
Because no party has objected to the Protective Order as revised by the Board, we herewith grant Applicant's request for a Protective Order in the interest of obtaining the document without further delay in this case.
In so doing, however, we explicitly decline to find either that Applicant, upon the behalf of General Electric, or General Electric itself has met the burden of showing that the docu-ment in question and the information contained therein is proprietary in character and entitled to protection from public disclosure under the standards set forth in Kansas Gas and Electric Company (Wolf Creek Nuclear Generating Station, Unit No. 1), ALAB-327, 3 NRC 408, 416-18 (1976).
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and (c) to utilize such document and information solely for purposes of this proceeding.
3.
If the Comission or the Board orders that access to or dissemina-tion of the foregoing 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 from this order, and such persons shall be considered subject to it.
4.
Any portion of a transcript in connection with this proceeding con-taining the fore toing document or information contained therein shall 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 exhibits thereto, arrangements shall be made with the court reporter taking the deposition to bind such portions and separately label them "(Company's Name),
BUSINESS INFORMATION, 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.
5.
Any document or information defined above is to be accorded con-fidential treatment within the meaning of 5 U.S.C. 552(b)(4) and 18 U.S.C. 1905, subject to a final Comission ruling, after notice, under the Freedom of Infor-mation Act or 10 C.F.R. 5 2.790.
6.
If said documents or information are disclosed to any person other than in the manner authorized by this protective order, the person respon-sible for the disclosure must immediately bring all pertinent facts relating to such 1403 400
a disclosure to the attention of counsel for the General Electric Company and Houston Lighting & Power Company and the presiding officer and, without pre-judice 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 admissibility into evidence of the foregoing document or information contained therein, or abridge the right of any person to seek judicial review or to pursue other appropriate judicial action with respect to any ruling of the Commission concerning the availability to the public of said business infonnation.
8.
Upon firal tennination of this proceeding, each person that is sub-ject to this order shall assemble and return to counsel for Houston Lighting &
Power Company all t.ocuments and information defined above, including all copies of such matter whlch may have been made, but not including copies containing notes or other a*,torney's work product that may have been placed thereon by counsel for the receiving party.
All copies containing notes or other attorney's work product snall be destroyed.
This paragraph shall not apply to the Comission, the Cusu, the presiding officer or the Comission'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.
FOR THE ATOMIC SAFETY AND LICENSING BOARD Dated:
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