ML19256B113

Confirms Ge'S 781227 Offer of Settlement Re Subpoena Issued for Production of Ge'S Reed Rept.Ge Will Make Rept Available to ASLB in Confidence & to Counsel Per Protective Agreement. Proposed Agreements & Certificate of Svc Encl

ML19256B113
Person / Time
Site:	Black Fox
Issue date:	01/02/1979
From:	Edgar G MORGAN, LEWIS & BOCKIUS
To:	Purdom P, Shon F, Wolfe S DREXEL UNIV., PHILADELPHIA, PA, Atomic Safety and Licensing Board Panel
References
NUDOCS 7901240027
Download: ML19256B113 (13)

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Casst accatssMCRLEBCC A s# 'h 4 ", ' .g TEttni S9-62 7 s '. - N January 2, 1979 N-Sheldon J. Wolfe, Esquire Mr. Frederick J. Shon, Member Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Paul W. Purdom Director, Environmental Studies Group Drexel University 32nd and Chestnut Streets Philadelphia, Pennsylvania 19104 Re: In the Matter of the Application of )

Public Service Company of Oklahoma, )

Associated Electric Cooperative, Inc. ) Docket Nos.

and ) STN 50-556 Western Farmers Electric Cooperative ) STN 50-557

)

(Black Fox Station, Units 1 and 2) )

Gentlemen:

This is to confirm the offer of settlement made by GE during a conference call with the Board and all parties on December 27, 1978. GE is making this offer in an attempt to avoid protracted litigation concerning the subpoena issued in the above-captioned proceeding for GE's Reed Report. The essential elements of the offer are as follows:

a. GE will make the Reed Report and the related Sub-Task Force Reports available to the Board in confidence.

c. GE will prepare a verbatim extraction of the Reed Report and the related Sub-Task Force Reports, insofar as those documents relate to the inter-venor's contentions and board questions in the Black Fox proceedings, and will make it available to counsel subj ect to a protective agreement (copy attached -- Attachment A hereto) and Order.

790124007 G

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MORGAN, Lewis & BoCKlVS January 2, 1979 Page Two

c. GE will make the Reed Report and the related Sub-Task Force Reports available to counsel subject to a protective agreement (copy attached -- Attachment B hereto) and Order for the purpose of evaluating the faithful-ness of GE's verbatim extraction.

d. Upon review by counsel, GE will consult with counsel for all parties in an attempt to re-solve any disputes concerning the faithful-ness of extraction, and failing resolution on any matter or matters, counsel will partici-pate in oral argument in camera before the Board in order to obtaIn Board rulings resolving any disputed matters,

e. In the event that the Board's review of the Reed Report and the related Sub-Task Force Reports raises any additional matters beyond the existing intervenor contentions and Board questions which the Board determines to be necessary for con-sideration in these proceedings, GE will make available to counsel, subj ect to a protective agreement and Order, a verbatim extraction of those documents insofar as they relate to any such additional matters. Tne parties will under-take the steps identified in paragraphs c. and d.

above in regard to the matters identified in paragraph e.

f. GE will make portions of the verbatim extrac-tions of the Reed Report and related Sub-Task Force Reports ultimately resulting from Board rulings or agreements of counsel in accordance with paragraphs d. and e. above available to consultants for the parties subj ect to a pro-tective agreement and Order. (See Attachment A hereto.

GE submits that the foregoing offer is entirely responsive to all concerns expressed by the Board and inter-venors in the course of argument and briefing in relation to production of the Reed Report. The offer will fulfill the

MORGAN. Lewis & BoCKlVS January 2, 1979 Page Three intervenors' oft-expressed desire to participate fully in regard to all of their existing contentions and Board ques-tions (Tr. 7462; 7463-4; 7475-76), and any additional matters as may arise out of the Board's independent review. Further, acceptance of the terms of this offer will substantially reduce the likelihood of delay in the Black Fox proceedings.

Respectfully submitted, 41 Georg . E gar Attorney for General Electric Company

ATTACHMENT A UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION IN THE MATTER OF )

)

PUBLIC SERVICE COMPANY ) Docket Nos.

OF OKLAHOMA, ASSOCIATED ) STN 50-556 ELECTRIC COOPERATIVE, INC. ) STN 50-557 and WESTERN FARMERS ELECTRIC )

COOPERATIVE, INC. )

)

(Black Fox Stations, )

Units 1 and 2) )

AGREEMENT REGARDING DISCLOSURE OF CONFIDENTIAL COMMERCIAL INFORMATION A. (hereinafter "Signator")

is Counsel [ Consultant] to , a part to the above-captioned Construction Permit proceeding.

B. The Public Service Company of Oklahoma (PS0) has engaged General Electric Corporation (GE), a non-party in this proceeding, to supply the nuclear steam supply system for the Black Fox Nuclear Power Station.

C. has requested that its counsel (Consultant] be permitted to inspect the following GE document:

A verbatim extraction of the " Reed Report" and the related Sub-Task Force Reports, dated

This document is claimed by GE to contain confidential in-formation and to be customarily held in confidence.

D. GE will make the document available to Signator to inspect, take notes, and request copies of any pages, provided that the information in this document, notes, and copies (hereinaf ter "information") will be used for the limited purposes and will be treated in a confidential manner as provided below:

E. In consideration of the disclosure of the informa-tion by GE, the Signator agrees as follows:

(1) Signator will inspect the document, take any notes, and receive any copies in strict confidence and secrecy.

(2) Signator will use the information only for preparation of testimony in connection with existing Inter-venor Contentions and Board questions in the above-captioned proceeding, in testimony as documentary evidence, in cross-examination, and for other legitimate evidentiary purposes in connection with existing Intervenor Contentions and Board Questions. The information, if used in whole or in part for any of the above purposes -- preparation of testimony, testi-many, documentary evidence, cross-examination, and other legitimate evider tiary purposes -- shall be subj ect to para-graphs (3) and (4) below and shall be presented only during in camera hearing sessions that provide protection against non-disclosure equivalent to that provided under this Agreement.

(3) Signator will not photocopy, transcribe, re-produce, or disclose the information to any other person or entity who has not executed this Agreement.

(4) Signator will safeguard and hold in strict confidence the information, as well as all evaluations, data, or notes made in connection with the information in accordance with paragraph (3) above.

(5) Restrictions on disclosure contained herein shall not apply to any information or material:

a. which can be shown to have been known or used by Signators prior to the date o' disclosure to Signators by GE, or

b. which either before or after the date of disclosure to Signators by GE is lawfully disclosed to Signators by an independent third party without restriction on dis-closure on behalf of GE, or

c. which either before or after the date of the disclosure to Signators by GE becomes available to the public through no fault of Signators.

Nothing in this Agreement shall be construed as permitting Signator to unfairly obtain the right to use information that becomes publicly known through an improper act or omission on their part.

(6) GE retains all right, title, and' interest in and to the information.

(7) Signator may not assign this Agreement.

(8) Signator makes no admission as to whether the information disclosed by GE is, in fact, confidential commercial information, but Signator will treat the information on a confidential basis. In the event any NRC regulation, rule, or ASLB order, other administrative order, or judicial ruling requires the disclosure of the information without providing the equivalent protection accorded under this Agreement, GE will have the right to immediately withdraw the information from Signator upon request, and Signator will promptly abide by that request.

(9) .Signator will return to GE all the information at the conclusion of his use, but in no event later than the termination of his employment by Intervenor, or the conclusion of the above-captioned Construction Permit proceeding including appeals, whichever occurs first.

Date Signator CONSENTED TO GENEPAL ELECTRIC CORPORATION By Date

~ ATTACHMENT B UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION IN THE MATTER OF )

)

PUBLIC SERVICE COMPANY OF ) Docket Nos.

OKLAHOMA, ASSOCIATED ELECTRIC ) STN 50-556 COOPERATIVE, INC., and ) STN 50-557 WESTERN FARMERS ELECTRIC )

COOPERATIVE, INC. )

)

(Black Fox Stations, )

Units 1 and 2) )

AGREEMENT REGARDING DISCLOSURE OF CONFIDENTIAL INFORMATION A. _

(hereinafter "Signator")

is counsel to , a party to the above-captioned Construction Permit proceeding.

B. The Public Service Company of Oklahoma (PS0) has engaged General Electric Corporation (GE), a non-party in this proceeding, to supply the nuclear steam supply system for the Black Fox Nuclear Power Station.

C. has requested that its coun-sel be permitted to inspect the following GE document:

The Reed Report and the related Sub-Task Force Reports.

1hese documents are claimed by GE to contain confidential information and to be customarily held in confidence.

D. GE will make the documents available to Signator at the GE offices in Tulsa, Oklahoma to inspect and take notes, provided that the information in those documents and notes (hereinafter "information") will be used for the sole purpose of evaluating the faithfulness of GE's verbatim extraction of those documents (i.e., that the verbatim extrac-tion includes all portions of the Reed Report and relaced Sub-Task Force Reports concerning either the existing intervenor contentions or Board questions) and will be treated in a confidential manner as provided below.

E. In consideration of the disclosure of the informa-tion by GE, the Signator agrees as follows:

(1) Signator will inspect the documents, and take any notes in strict confidence and secrecy.

(2) Signator will use the information only (a) for the purposes of evaluating the faithfulness of GE's verbatim extraction, and (b) in consultation with GE toward resolving any disputes as to faithfulness of extraction, and (c) during in camera oral arguments toward resolution of any such dis-putes. The information, if used in whole or in part for any of the above purposes shall be subject to paragraphs (3) and (4) below and shall be presented only during in camera ses-sions before the Board that provide protection against non-disclosure equivalent to that provided under this Agreement.

(3) Signator will not photocopy, transcribe, repro-duce or disclose the information to any other person or entity who has not executed this Agreement.

(4) Signator will safeguard and hold in strict confidence the information, as well as all evaluations, data, or notes made in connection with the information in accordance with paragraph (3) above.

(5) Restrictions on disclosure contained herein shall not apply to any information or material that is gene-rally available to the public or previously made available by GE without limitation as to use. Nothing in this Agreement shall be construed as permitting Signator to unfairly obtain the right to use information that becomes publicly known through an improper act or omission on their part.

(6) GE retains all right, title and interest in and to the information.

(7) Signator may not assign this Agreement.

(8) Signator makes no admission as to whether the information disclosed by GE is, in fact, confidential in-formation, but Signator will treat the information on a con-fidential basis. In the event any NRC regulation, rule, or ASLB order, other administrative order, or judicial ruling requires the disclosure of the information without providing the equivalent protection accorded under this Agreement, GE

. will have the right to immediately withdraw the information from Signator upon request, and Signator will promptly abide by that request.

(9) Signator will return to GE all the information at the conclusion of his use, but in no event later than the termination of his employment by Intervenor, or the conclusion of the procedures set forth in paragraph E(2) above, whichever occurs first.

Date Signator CONSENTED TO GENERAL ELECTRIC CORPORATION By Date

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD IN THE MATTER OF )

)

PUBLIC SERVICE COMPANY OF )

OKLAHOMA, ASSOCIATED ELECTRIC ) Docket Nos.

COOPERATIVE, INC., and ) STN 50-556 WESTERN FARMERS ELECTRIC ) STN 50-557 COOPERATIVE, INC. )

)

(Black Fox Stations, )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that service has on this day been effected by personal delivery or first class mail on the following:

Sheldon J. Wolfe, Esquire L. Dow Davis, Esquire Atomic Safety and Licensing Uilliam D. Paton, Esquire Board Panel Colleen Woodhead, Esquire U.S. Nuclear Regulatory Counsel for NRC Staff Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Mr. Frederick J. Shon, Member Atomic Safety and Licensing Mr. Clyde Wisner Board Panel NRC Region 4 U.S. Nuclear Regulatory Public Affairs Officer Commission 611 Ryan Plaza Drive, Suite 1000 Washington, D.C. 20555 Arlington, Texas 76011 Dr. Paul W. Purdom Joseph R. Farris, Esquire Director, Environmental Studies John R. Woodard, III, Esquire Group Green, Feldman, Hall & Woodard Drexel University 816 Enterprise Building 32nd and Chestnut Streets Tulsa, Oklahoma 74103 Philadelphia, Pennsylvania 19104 Joseph Gallo, Esquire Andrew T. Dalton, Esquire Isham, Lincoln & Beale 1437 South Main Street, Suite 302 1050 - 17th Street, N.W. Tulsa, Oklahoma 74119 Washington, D.C. 20036

2 Mrs. Ilene H. Younghein Mr. Vaughn L. Conrad 3800 Cashion Place Public Service Company of Oklahoma City, Oklahoma 73112 Oklahoma Post Office Box 201 Atomic Safety and Licensing Tulsa, Oklahoma 74102 Appeal Board Panel U.S. Nuclear Regulatory Mr. T. N. Ewing Commission Acting Director Washington, D.C. 20555 Black Fox Station Nuclear Project Atomic Safety and Licensing Public Service Company Board Panel of Oklahoma U.S. Nuclear Regulatorr Post Office Box 201 Commission Tulsa, Oklahoma 74102 Washington, D.C. 20555 Mrs. Carrie Dickerson Docketing and Service Section Citizens Action for Safe Office of the Secretary of Energy, Inc.

the Commission Post Office Box 924 U.S. Nuclear Regulatory Claremore, Oklahoma 74107 Commission Washington, D.C. 20555 Mr. Maynard Human (20 copies) General Manager Western Farmers Electric Mr. Lawrence Burrell Cooperative Route 1, Box 197 Post Office Box 429 Fairview, Oklahoma 73737 Andarko, Oklahoma 73005 Mr. Gerald F. Diddle Dr. M. J. Robinson General Manager Black & Veatch Associated Electric Post Office Box 8405 Cooperative, Inc. Kansas City, Missouri 64114 Post Office Box 754 Springfield, Missouri 65801

&+

Geov{e 1f. Egja Special Cour.sel Wr Dated: January 2, 1979 The General Electric Company