ML19260E085
| ML19260E085 | |
| Person / Time | |
|---|---|
| Site: | South Texas, Comanche Peak  |
| Issue date: | 11/16/1979 |
| From: | Burchette W, Fountain K, Mary Johnson, Luque M, Plummer J AFFILIATION NOT ASSIGNED, JUSTICE, DEPT. OF, TEX-LA ELECTRIC COOPERATIVE OF TEXAS, INC. (FORMERLY, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC) |
| To: | |
| Shared Package | |
| ML19260E080 | List: |
| References | |
| NUDOCS 8002130322 | |
| Download: ML19260E085 (10) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of i
I HOUSTON LIGHTING & POWER I
COMPANY, THE CITY OF SAN NRC DOCKET NOS. 50-498A ANTONIO, THE CITY OF AUSTIN, and CENTRAL POWER AND LIGHT l
50-499A COMPANY l
1 (South Texas Project, i
Unit Nos.1 and 2)
In the Matter of:
]
I TEXAS UTILITIES
{
GENERATING COMPANY, 1
NRC DOCKET NOS. 50-445A ET AL l
50-446A i
(Comanche Peak Steam i
Electric Station, l
Unit Nos.1 and 2) l STIPULATION TO PROTECTIVE ORDER _
It is hereby stipulated by and between the Department of Justice ("DOJ") and The Carter Oil Company (" Carter"), and any other undersigned parties, by their respective counsel, that an Order may be entered as follows:
WHEREAS, by subpoena of the Atomic Safety and Licensing Board (the " Board") in these proceedings dated October 24, 1979, T. B. Brister, Secretary of Carter, was commanded, at the request of D0J, to make available for inspection and copying the documents described in the 800213 N
A
Schedule attached to said subpoena, and J. B. Phillips of Carter was commanded to appear for deposition, both on November 16, 1979; AND, WHEREAS certain documents called for under said subpoena contain business information of a confidential or proprietary nature, the release or disclosure of which to third parties would cause Carter serious financial damage; 00J may challenge the claimed confidentiality of any document or information for which Carter seeks protection; AND, WHEREAS certain responses given by J. B. Phillips in his deposition may contain similar proprietary or confidential business information; WHEREFORE, IT IS ORDERED that documents produced by Carter in response to said subpoena and labeled " CARTER OIL CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER", including any deposition testimony of J. B. Phillips given under seal and so labeled, all hereinafter called " confidential documents", shall be subjuct to the following restrictions:
1.
Confidential documents and information therein shall not be disclosed to any person other than (a) counsel for parties to this proceeding and those assisting counsel for such parties, including necessary secretarial, para-legal and clerical personnel; (b) independent consultants and technical experts and their staff who are assisting counsel in connection with this litigation; (c) qualified court reporters involved in reporting matters in this litigation; and (d) the Commission, the Board, the presiding officer or Commission's Staff.
2.
Confidential documents and information contained therein shall not be made arailable to any person designated in paragraph 1(a), 1(b),.l(c), and the Commission's Staff 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 confidential document or information 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 violation; but further provided, that Carter be given ten (10) days written notice prior to the disclosure of such documents outside of the Antitrust Division of the Department of Justice or the Office of the Attorney General.
3.
If the Nuclear Regulatory Commission (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 persons based upon the conditions pertaining to, and the obligations arising from this Order, and such persons be considered subject to it.
4.
At any hearing before the Commission, the Board, or the presiding officer under this proceeding, only irt camera disclosure 3
of any confidential documents or any information contained therein shall be made.
Any confidential document shall be submitted to the Commission, Board, or the presiding officer only in connection with the motion or other procedure within the purview of this proceeding.
As used herein, " document" shall include any portion of a document.
Any portion of a transcript in connection with this proceeding containing any confidential documents or information contained therein shall be bound separately and filed under seal.
b' hen any confidential documents or information contained therein are included in an authorized transcript of a deposition or exhibits thereto, arrangements shall be made with the court reporter the deposition to bind such confidential portions and separate label them " CARTER Oll CONFIDENTIAL BUSINESS IN
, SUBJECT TO PROTECTIVE ORDER".Before a court reporter receives or a witness examines any such document or information, he or she s have first read this Order and will have agreed in writing to be bound by the terms thereof.
Copies of each such signed agreement shall be provided to Carter.
5.
Any confidential document or information defined above is to be treated as such within the meaning of 5 U.S.C. Section S52(b) (4) and 18 U.S.C. Section 1905, subject to a final rulin g,
after ten (10) days' prior written notice to Carter, by the Com-mission, Board, the presiding 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 disclos any person other than in the manner authorized by this Protective Order, the person responsible for the disclosure must immediat bring all pertinent facts relating to such disclosure to the 5
attention of counsel for Carter and the presiding officer and without prejudice to other rights and remedies of Carter, make every effort to prevent further disclosure by counsel or by the person to whom 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 abridge the right of any person to seek judicial review or to pursue other appropriate 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, provided that the procedures of paragraph 4 above are observed in any such court.
8.
Upon final termination of this proceeding, each person 4
that is subject to this Order shall assemble and return to counsel for Carter all confidential documents and all other documents con-taining Carter confidential business information, 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.
All copies containing notes or other attorney's work-product shall be destroyed, and certification of the same shall be made to Carter.
Receipt of material returned to Carter shall be acknowledged in wri ting.
This paragraph shall not apply to the Commission, the Board, the presiding officer or the Commission's staff, which may retain such material pursuant to statutory requirements and for other necessary record keeping purposes, subject to the continuing observance of the conditions and obligations arising from this Order, but shall destroy those additional copies in its possession which it regards as surplusage.
A copy of this Order shall be served on all parties.
IN WITNESS WHEREOF, the parties by their respective counsel have ag.eed to this Stipulation.
THE UNITED STATES DEPARTMENT OF JUSTIC By _4]fjj g I J //f/hlf Date / / / THE CARTER OIL COMPANY /- N By %ny~ s /[/ /[o /7f Date / / TEX-LA ELECTRIC COOPERATIVE OF TEXAS By / g Date //////ff / /
TEXAS UTIJ.lTIES GENERATING COMPANY Lf) A By 0W If,~',9-- Date NUCLEAR REGULATORY COMMISSION b/L By __ h flA xt u, & J / / ////6/97 oate / / T/t.%,9w Uc, j.,,,.o (. l O H T-Cc. [ f f e is. f IL k YLL ',,~ N h* C L'. ( 0, / -? 7 9 f { OC44U A k,sh e b, 2 /!n d B.y ,//6/71 p VAid [w- ,' T "h4M UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of -) HOUSTON LIGHTING AND POWER ) Docket Nos. 50-498A CO., et al.(South Texas ) 50-499A Project, Units 1 and 2) ) ) TEXAS UTILITIES GENERATING ) Docket Nos. 50-445A COMPANY (Comanche Peak ) 50-446A Steam Electric Station, ) Units 1 and 2) ) ~ CERTIFICATE OF SERVICE I hereby certify that service of the foregoing Motion for Protective Order has been made on the following parties listed hereto this 28th day of January,1980, by depositing copies thereof in the United States mail, certified mail, return receipt requested. Marshall E. Miller, Esquire Alan S. Rosenthal, Esquire Chairman Chairman Atomic Safety & Licensing Board Michael C. Farrar, Esquire Panel Richard S. Salzman, Esquire U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Appeal Board Panel Washington, D. C. 20555 U.S. Nuclear Regulatory Commission Michael L. Glaser, Esquire Washington, D. C. 20555 1150 17th Street, N.W. Washington, D. C. 20036 Jerome E. Sharfman, Esquire U.S. Nuclear Regulatory Sheldon J. holfe, Esquire Commission Atomic Safety & Licensing Board Washington, D. C. 20555 Panel U.S. Nuclear Regulatory Chase R. Stephens, Secretary Commission Docketing and Service Branch Washington, D. C. 20555 U.S. Nuclear Regulatory Commission Samuel J. Chilk, Secretary Washington, D. C. 20555 Office of the Secretary of the Commission Jerome Saltzman U.S. Nuclear Regulatory Chief, Antitrust and Commission Indemnity Group Washington, D. C. 20555 U.S. Nuclear Regulatory Commission Washington, D. C. 20555 O
Mr. William C. Price Roy P. Lessy, Esquire Central Power & Light Co. Michael Blume, Esquire P. O. Box 2121 U.S. Nuclear Regulatory Corpus Christi, Texas 78403 Commission Washington, D. C. 20555 G. K. Spruce, General Manager City Public Service Board Jerry L. Harris, Esquire P.O. Box 1771 City Attorney, San Antonio, Texas 78203 Richard C. Balough, Esquire Assistant City Attorney Perry G. Brittain City of Austin President P.O. Box 1088 Texas Utilities Generating Austin, Texas 78767 Company 2001 Bryan Tower Robert C. McDiarmid, Esquire Dallas, Texas 75201 Robert A. Jablon, Esquire Spiegel and McDiarmid R.L. Hancock, Director 2600 Virginia Avenue, N.W. City of Austin Electric Washington, D. C. 20036 Utility Department P. O. Box 1088 Dan H. Davidson Austin, Texas 78767 City Manager City of Austin G. W. Oprea, Jr. P. O. Box 1088 [ Executive Vice President Austin, Texas 78767 Houston Lighting & Power Company Don R. Butler, Esquire P. O. Box 1700 1225 Southwest Tower Houston, Texas 77001 Austin, Texas 78701 Michael Johnson, Esquire Jon C. Wood, Esquire Joseph Irion Worsham, Esquire W. Roger Wilson, Esquire Merlyn D. Sampels, Esquire Matthews, Nowlin, Macfarlane Spencer C. Relyea, Esquire & Barrett Norsham, Forsythe & Sampels 1500 Alamo National Building 2001 Bryan Tower, Suite 2500 San Antonio, Texas 78205 Dallas, Texas 75201 David M. Stahl, Esquire Joseph Knotts, Esquire Isham, Lincoln & Beale Nicholas S. Reynolds, Esquire Suite 701 Debevoise & Liberman 1050 17th Street, N.W. 1200 17th Street, N.W. Washington, D. C. 20036 Washington, D. C. 20036 Michael I. Miller, Esquire Douglas F. John, Esquire James A. Carney, Esquire Akin, Gump, Hauer & Feld Sarah N. Welling, Esquire 1333 New Hampshire Avenue, N.W. Isham, Lincoln & Beale Suite 400 4200 One First National Plaza Washington, D. C. 20036 Chicago, Illinois 60603
6 Morgan Hunter, Esquire Robert Lowenstein, Esquire McGinnis, Lochridge & Kilgore J. A. Bouknight, Esquire 5th Floor, Texas State Bank William J. Franklin, Esquire Building Lowenstein, Newman, Reis, 900 Congress Avenue Axelrad & Toll Austin, Texas 78701 1025 Connecticut Avenue, N.W. Washington, D. C. 20036 Jay M. Galt, Esquire Michael Baldwin, Esquire Looney, Nichols, Johnson E. W. Barnett, Esquire & Hayes Charles G. Thrash, Jr., Esquire 219 Couch Drive J. Gregory Copeland, Esquire Oklahoma City, Oklahoma 73101 Theodore F.
- Weiss, Jr.,
Esquire Baker & Botts Knoland J. Plucknett 3000 One Shell Plaza Executive Director Houston, Texas 77002 Committee on Power for the Southwest, Inc. Kevin B. Pratt, Esquire 5541 East Skelly Drive Assistant Attorney General Tulsa, Oklahoma 74135 P.O. Box 12548 Capital Station John W. Davidson, Esquire Austin, Texas 78711 Sawtelle, Goode, Davidson William H. Burchette, Esquire & Tioilo Frederick H. Ritts, Esquire 1100 San Antonio Savings Law Offices of N,orthcutt Ely Building Watergate 600 Building San Antonio, Texau 78205 Washington, D.C. 20037 W. S. Robson Donald M. Clements, Esq. General Manager Gulf States Utilities Company South Texas Electric P.O. Box 2951 Cooperative, Inc. Beaumont, Texas 77704 Route 6, Building 102 Victoria Regional Airport Mr. G. Holman King Victoria, Texas 77901 West Texas Utilities Co. P. O. Box 841 Robert M. Rader, Esquire Abilene, Texas 79604 Conner, Moore & Corber 1747 Pennsylvania Ave., N.W. W. N. Woolsey, Esquire Washington, D.C. 20006 Kleberg, Dyer, Redford & Heil ~ 1030 Petroleum Tower R. Gordon Gooch, Esquire Corpus Christi, Texas 78474 John P. Mathis, Esquire Baker & Botts 1701 Pennsylvania Avenue, N.W. Washington, D. C. 20006 Susan B. Cyphert, Esquire Paul Piummer, Attorney Nancy Luque, Esquire Exxon Company, U.S.A. David A. Dopsovic, Esquire P. O. Box 2180 U.S. Department of Justice Houston, Texas 77001 5 Washington, D.C. 20530}}