ML19260A330

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Motion for Protective Order Re Doi & NRC Subpoena for G Simmons Oral Deposition.Documents Designated Confidential Are Integral Part of Util Negotiations on Purchases of Power.Affirmation of Svc & Draft Order Encl
ML19260A330
Person / Time
Site: South Texas, Comanche Peak  Luminant icon.png
Issue date: 10/08/1979
From: Baldwin J, Baldwin T, Bouknight J
BAKER & BOTTS, HOUSTON LIGHTING & POWER CO.
To:
Atomic Safety and Licensing Board Panel
Shared Package
ML19260A325 List:
References
NUDOCS 7911090359
Download: ML19260A330 (16)
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Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of: 5 S

HOUSTON LIGHTING & POWER S COMPANY, THE CITY OF SAN S NRC DOCKET NOS. 50-498A ANTONIO, THE CITY OF S 50-499A AUSTIN, and CENTRAL POWER S AND LIGHT COMPANY S S

(South Texas Project, S Unit Nos. 1 and 2) S In the Matter of: S S

TEXAS UTILITIES S GENERATING COMPANY, S NRC DOCKET NOS. 50-445A ET AL S 50-446A 5

(Comanche Peak Steam S Electric S*.ation, S Unit Nos. L and 2) S MOTION FOR PROTECTIVE ORDER Hous ton Lighting & Power Company (HL&P) pursu-ant to 10 C.F.R. SS 2.740 (c) , 2. 79 0 (b) (6) , respectfully ovcs the Board for the issuance of a Protective Order (attac,hed hereto) concerning the public disclosure of certain documents and the information contained therein that EL&P has been requested to produce or disclose in connection with the oral deposition of Mr. Gene Simmons, a Vice-President cf HL&P, by the subpoena for Mr. Sinmens' oral deposition issued by the Board on behalf of the i300 327 7911090

Department of Justice (DOJ) and the Nuclear Regulatory Commission Staff (NRC).

HL&P initially withheld some of the documents requested by the subpoena because of the confidential nature of such documents. Since that time, HL&P, DOJ and NRC have negotiated a Protective Order (attached hereto) with respect to the confidential documents. These docu-ments concern on-going negotiations between HL&P and other utilities concerning possible purchases of power.

The disclosure of such documents could seriously impair HL&P's relationships with the other utilities involved and jeopardize the negotiations. Therefore, HL&P re-quests that the Board enter the Protective Order attached hereto with respect to documents produced to DOJ and/or NRC in connection with Mr. Simmons' deposition and designated by HL&P as " Confidential."

Representatives of DOJ and NRC have authorized HL&P to represent to this Board that DOJ and NRC do not object to the entry of the Protective Order in the form attached hereto.

WHEREFORE, EL&P respectfully requests that this Board enter the Protective Order attached hereto.

Respectfully submitted, BAKER & BOTTS j})) }

j2 I CA f l -

By te t v----

J. Ctegory Copelan3 J. Michael Baldwin Attorneys for Housten Lighting

& Power Company

OF COUNSEL:

BAKER & BOTTS 3000 One Shell Plaza Houston, Texas 77002 (713) 229-1234 J. A. Bouknight LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 (202) 962-8400 1300 329 3-

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOAPS In the Matter of: 5 S

HOUSTON LIGHTING & POWER S NRC DOCKET NOS. 50-493A COMPANY, ET AL S 50-499A 5

(South Texas Project, S Unit Nos. 1 and 2) S In the Matter of: S S

TEXAS UTILITIES S GENERATING COMPANY, S NRC DOCKET NOS. 50-445A ET AL S 50-446A S

(Comanche Peak Steam S Electric Station, S Unit Nos. 1 and 2) S AFFIRMATION OF SERVICE This is to certify that a true and correct copy of the foregoing instrument has been served upon all counsel and persons listed on the attached Service List on this the 91 day of October, 1979.

J. Michael Baldwif 1300 330

BAKEA & BoTTS SERVICE LIST Marshall E. Miller, Esquire U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Michael L. Glaser, Esquire 1150 17th Street, N.W.

Washington, D. C. 20036 Sheldon J. Wolfe, Esquire U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Atomic Safety and Licensing Appeal Board Panel U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Chase R. Stephens, Supervisor Docketing and Service Branch U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Jerome D. Saltzman, Chief Antitrust and Indemnity Group U. S. Nuclear Regulatory Commission Washington, D. C. 20555 J. Irion Worsham, Esquire Merlyn D. Sampels, Esquire Spencer C. Relyea, Esquire Worsham, Forsythe & Sampels 2001 Bryan Tower Suite 2500 Dallas, Texas 75201 Jon C. Wood, Esquire W. Roger' Wilson, Esquire Matthews, Nowlin, Macfarlane

& Barrett 1500 Alamo National Building i3

.,00 331 San Antonio, Texas 78205

BAKEA & BoTTs Service List Page 2 R. Jordon Gooch, Esquire Steven R. Hunsicker, Esquire Baker & Botts 1701 Pennsylvania Avenue, N.W.

Washington, D. C. 20006 Roy P. Lessey, Jr., Esquire Michael B. Blume, Esquire U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Roff Hardy Chairman and Chief Executive Officer Central Power and Light Company P. O. Box 2121 Corpus Christi, Texas 78403 G. K. Spruce, General Manager City Public Service Board P. O. Box 1771 San Antonio, Texas 78203 Perry G. Brittain, President Texas Utilities General Company 2001 Bryan Tower Dallas, Texas 75201 R. L. Hancock, Director City of Austin Electric Utility P. O. Box 1086 Austin, Texas 78767 G. W. Oprea, Jr.

Executive Vice President Houston Lighting & Power Company P. O. Box 1700 Houston, Texas 77001 Richard D. Cudahy, Esquire Joseph Gallo, Esquire Robert H. Lceffler, Esquire Isham, Lincoln & Beale 1050 17th Street, N.W., Suite 70 Washington, D. C. 20036 1300 332

BAKER & BoTTs Service List Page 3 Michael I. Miller, Esquire Richard E. Powe].1, Esquire David M. Stahl, Esquire James A. Carnay, Esquire Isham, Lincoln & Beale One First National Plaza Chicago, Illinois 60603 Don R. Butler, Esquire Sneed, Vine, Wilkerson, Selman & Perry P. O. Box 1409 Austin Texas 78767 Jerry L. Harris, Esquire Richard C. Balough, Esquire City of Austin

. O. Box 1088 Austin, Texas 78767 Joseph B. Knotts, Jr., Esquire Nicholas S. Reynolds, Esquire Debevoise & Liberman 1200 Seventeenth Street, N.W.

Washington, D. C. 20036 Don H. Davidson, City Manager City of Austin P. O. Box 1088 Austin, Texas 78767 Jay Galt, Esquire Looney, Nichols, Johnson & Hays 219 Couch Drive Oklahoma City, Oklahoma 73102 Knoicnd J. Plucknett Execut.'.ve Director Committe9 on Pcwer for the Southwest, Inc.

5541 East Skelly Drive Tulsa, Oklahoma 74135 )jQQ}

BAKER & BoTTS Service List Page 4 John W. Davidson, Esquire Sawtelle, Goode, Davidson 

                & Tioilo 1100 San Antonio Savings Building San Antonio, Texas 78205 Douglas F. John, Esquire Akin, Gump, Haver & Feld 1100 Madison Office Building 1155 15th Street, N.W.

Washington, D. C. 20005 Ronald Clark, Esquire Frederick H. Parmenter, Esquire Susan B. Cyphert, Esquire Energy Section Antitrust Division U. S. Department of Justice P. O. Box 14141 Washington, D. C. 20044 Morgan Hunter, Esquire Bill D. St. Clair, Esquire McGinnis, Lockridge & Kilgore Fifth Floor Texas State Bank Building 900 Congress Avenue Austin, Texas 78701 W. S. Robson, General Manager South Texas Electric Cooperative, Inc. Route 6, Building 102 Victoria Regional Airport Victoria, Texas 77901 Robert C. McDiarmid, Esquire Robert A. Jablon, Esquire Spiegel & McDiarmid 2600 Virginia Avenue, N.W. Washington, D. C. 20036 1300 334

BAKER & BoTTS Service Lis t Page 5 Kevin B. Pratt Texas Attorney General's Office P. O. Box 12548 Aus tin, Texas 78711 William H. Burchette, Esquire Frederick H. Ritts, Esquire Law Offices of Northcutt Ely Watergate 600 Building Washington, D.C. 20037 Tom W. Gregg, Esquire P. O. Box Drawer 1032 San Angelo, Texas 76902 Leland F. Leatherman, Esquire McMath, Leatherman & Woods, P.A. 711 West Third Street Little Rock, Arkansas 72201 Paul W. Eaton, Jr. , Esquire Hi nkle , Cox, Eaton, Coffield 

                    & Hensley 600 Hinkle Building P. O. Box 10 Roswell, New Mexico 88201 J. A. Bouknight, Esquire William J. Franklin, Esquire Peter Flynn, Esquire Lowenstein, Newman, Reis ,

Axelrad & Toll 1025 Connecticut Avenue, N.W. Washington, D.C. 20036 1300 335

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of: 5 S HOUSTON LIGHTING & POWER S COMPANY, THE CITY OF SAN S ANTCNIO, THE CITY OF S NRC DOCKET NOS. 50-498A AUSTIN, and CENTRAL POWER S 50-499A AND LIGHT COMPANY S S (South Texas Project, S Unit Nos. 1 and 2) S In the Matter of: S S TEXAS UTILITIES S GENERATING COMPANY, S NRC DOCKET NOS. 50-445A ET AL S 50-446A S (Comanche Peak Steam S Electric Station, S Unit Nos. 1 and 2) S PROTECTIVE ORDER In connection with the deposition of Mr. Gene Simmons, a Vice-President of Houston Lighting & Power Company (HL&P), by attorneys representing the Department of Justice (COJ) and the Nuclear Regulatory Commission Staff (NRC) , HL&P produced certain documents called for under the terms of the subpoena issued by the Atomic Safety and Licensing Board (the Board) to Mr. Simmons. Other documents called for by that subponea but relating to current power purchase negotiations between HL&P and 1300 336

other utilities were withheld pending the negotiation of a Protective Order among HL&P, DOJ and NRC. The documents withheld from production contain information that is of a confidential or proprietary na'ure, the release or disclosure of which to third parties would seriously impair HL&P's relationships with other utili-ties. HL&P has negotiated this Protective Order with attorneys for DOJ and NRC, and those attorneys have agreed to the entry of this Order protecting the con-fidentiality of the information and documents designated by HL&P as " Confidential," provided, however, that DOJ and/or NRC may challenge the claimed confidentiality of any document or information for which HL&P seeks such protection. WHEREFORE, IT IS ORDERED that documents pro-duced by HL&P to DOJ and NRC for inspection and copying and designated " Confidential" shall be subject to the following restrictions:

1. Confidential documents and information t.nercin shall not be disclosed to any person other than (a) counsel for parties to this pro-eeeding and those assisting counsel for such parties, including necessary secretarial, para-legal and clerical personnel (b) independent consultants and technical experts and their 1300 337

staff who are assisting counsel in connection with this litigation; (c) qualified court re-porters involved in reporting matters in this litigation; and (d) the Commission, the Board, the presiding officer or Commission's Staff.

2. Confidential documents and informa-tion contained therein shall not be made available to any person designated in paragraph 1(b) unless they shall have first read this Order and shall have agreed, in writing (a) to be bound by the terms thereof, 03) not to reveal such confidential document or informa-tion to anyone other than another person designated in paragraph 1, and (c) to utilize such confidential documents and information solely for the purpose of this proceeding; provided, however, that nothing in this Order shall prevent the Department of Justice from disclosing documents produced under the terms of this Order that indicate any violation of law or statute to the agency of the Federal Government authorized to prosecute such vio-lation; but further provided, that EL&P be given ten (10) days written notice prior to the disclosure of such documents outside of
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the Antitrust Division of the Department of Justice or the Office of the Attorney General.

3. If the Commission or the Board orders that access to or dissemination of confidential documents and information contained therein as defined above shall be made to persons not included in paragraph 1 above, such matter shall be accessible to, or disseminated to, such per-sons based upon the conditions pertaining to, and the obligations arising from this Order, and such persons be considered subject to it.
4. Any portion of a transcript in con-nection with this proceeding containing any confidential documents or information contained therein shall be bound separately and filed under seal. When any confidential documents or information contained therein are included in an authorized transcript of a deposition or eLhibits thereto, arrangements shall be made with the court reporter taking the deposition to bind such confidential portions and sepa-rately label them " HOUSTON, CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE O RDER. " Before a court reporter receives any such document or information, he or she shall 1300 339
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have agreed in writing to be bound by the terms thereof.

5. Any confidential document or informa-tion defined above is to be treated as such within the meaning of 5 U.S.C. S 552 (b) (4) and 18 U.S.C. S 1905, subject to a final ruling, after notice, by the Commission, Board, the presiding officer, or the Commission's Freedom of Informdtion Act Officer to the contrary, or by appeal of such a ruling, interlocutory or otherwise.
6. If confidential documents or informa-tion 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 relating to such disclosure to the attention of counsel for Houston and the presiding officer and, without prejudice to other rights and remedies of Houston, make every effort to prevent further disclosure by counsel or by the . person to whcm the document or information was communicated.
7. Nothing in this Order shall affect the admissibility into evidence of confidential documents or information defined above, or 1300 340

abridge the right of any person to seek judi-cial review or to pursue other appropriate 

          . judicial action with respect to any ruling made by the Commission, its Freedom of Infor-mation Act Officer, the Board or the presiding officer concerning the issue of the status of confidential business information.
8. Upon final termination of this pro-ceeding, each person that is subject to this Order shall assemble and return to counsel for Houston all confidential documents and infor-mation contained therein, 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 by counsel for the receiving party. 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 require-ments and for other record keeping purposes, but may destroy those additional copies in its possessicn which it regards as surplusage.

A copy of this Order shall be served on all parties. 1300 341

BY ORDER OF THE ATOMIC SAFETY AND LICENSING BOARD. DATED: , 1979. 1300 342 

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