ML19262A109
| ML19262A109 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak, South Texas  |
| Issue date: | 10/15/1979 |
| From: | Mark Miller Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 7910260364 | |
| Download: ML19262A109 (5) | |
Text
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NRC PUBLIC DOCW gog,
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NUCI. EAR REGUIEORY CCWlSSION j
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ff THE A'DfIC SAFEIY AND LI NSD U BOARD E
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$p k Marshall E. Miller, Esq., Cbnimi a
Shelden J. Wolfe, Esq., Meder Michael L. Glaser, Esq., Me:ber 4
41; w In &e Matter of
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HOUSIUT LIGHTEU AND POWER CTPANY, et al. )
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Docket Nos. 50-498A (South Texas Project,
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50-499A Units 1 and 2)
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TEXAS UWu.S GEERATING CWPANY, et al. )
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Docket Nos. 50-445A (Ca::anche Peak Stean Electric Staticn,
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50-446A Units 1 and 2)
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PBu1ELuE OEDER (October 12, 1979)
In ccanecticn with the depositica of Mr. Gene Sirrrrs, a Vice President of Ecusten Lighting & Power Comcany (HLLP), by attcIneys representd:g the Departnerm of Justice (Justice) and the Nuclear Regulatcry rmmsicn Staff (Staff), HL52 produced certain dccuments called for under the ter:::s of the subpoena issued by de Ate::ic Safety and Licensing Board (the Board) to Mr. Simens. Other doc ments called for by that subpcena but rainM :g to current pcwer purchase negotiaticns betwen HL52 and other nHHeies wre withheld pending the negotia-tien of a Protective Order among HLSP, Justice and Staff. The docments withheld fr:xn producticn contain infor::aticn that is of a ecnfidential or pwytletary nature, the release er disclosure of which to third parties muld sericusly i=pau-HEP's ralnWahips wid other nH14 ties. F1&P has negotiated this Protective Order with attorneys fo' r Justice and Staff, and those attorneys have agreed to the entry of this Order protecting the ecnfidenHnHty of the informa-tien and doctments designated by FISP as "Ccriidential," provided, heaver, that 1217 065
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. Justice and/or Staff cay challenge the c'ai% confidentirlity of any doctments or infor=ation for which HIf2 seeks such protect:.cn.
WEEEERE, IT IS mtD that documents produced by h7.&P to Justice and Staff for insp_ction and ccpying and designated " Confidential" shall be subject to the following restrictions:
1.
Ccnfidential documents and irictmatica therein shall not be disclosed to arrf persen other than (a) counsel for partas to this d
proceeding and these assisting ccunsel for such parties, including necessary secretarial, paralegal and clerical personnel; (b) independent consultants and tacbndcal experts and their staff who are assisting ccensel in connecticn with this litigaticn; (c) gm14#ied ccurt reporters involved in reporting catters in this litigation; and (d) the enmission, the Board, the presiding officer er Cecrissicn's Staff.
I 2.
Ccnfida *4 al dec'eacts and in#eien em-adr'ed therein shall not be unde available to any persen designated in paragraph 1(b) unless they shall Fave first read this Order ard sFall Fave agreed, in writing (a) to be betr.d by the rams thereef, (b) not to reveal such confidential dccunent or infor=aticn to anycts other than ancther persen designated in paragraph 1, and (c) to urifice such ccrlidential documents and infor=aticn solely for da purpose of this proceeding; provided, Irwever, that nothing in this Order shall prevent the DeWwt of Justice fran disclosing dmrets produced under the ter=s of this Order thct indicate any violation of law or statute to the agency of the 121.7 066
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Federal Gcverrtent authorized to prosecute such violation; but further provided, that E42 be given ten (10) days written notice prior to the disclosure of such dccumnts curside of the Antitrust Div:Lsicn of the Depaw.t of Justice or the Office of the Attorney General.
3.
If the Cemmsien or the Board orders that access to or dissemination of ccnfidonHn1 doc: rents and informaticn centained therein as defined above shall be mda to perscns cet included in paragraph 1 abcve, such catter shall be accessible to, or disserirated to, such persons based upcn the conditions pertaining to, and the cblignHewis arising frem this Order, and such persons be censidered subject to it.
4., Any porticn of a transcript in cer:nection with this proceeding centaindrg any confidonHn1 docu:ents or information centained therein sball be bcund separately and filed under seal. Een any confidonHn1 dec: rents or infer =aticn contained therein are ie'" dad in an aut.W transcript of a depositicn er exhibits thereto, m.;4ugements shall be made with the ccurt repcrter taking the depositicn to bind such ccafidenH 21 portiens and separately label them "ECCSTCN, CGeurffIAL SCSEESS INKR% TION, SGECI TO FFuuuuNE GREER." Before a ccurt reporter receives any such doctment or infctmat:.cn, be er she shall have agreed in riting to be bcund by the ter=s thereof.
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. 5.
Any confidanedal document or i=Ib=atica defined above is to be treated as such within the -Mg of 5 U.S.C. 5552(b)(4) and 18 U.S.C. S1905, subject to a final ruling, after notice, by the Caum.ssion, Board, the presiding officer, or the enmn ssion's Freadm of Tnh ation Act Officer to the ccntrary, or by appeal of such a tulirg, interlocutory or othenise.
6.
If ccnfidaned al dre-a ts or infomatien are disclosed to any person other than in ti.c me ner autPorized by this Protective Order, the peracn respcnsible for the disclosure cast 'r'"ad'ntely bring al'.. pertincnt facts rel1 ting to such disclosure to the attention of ccunsel for Ecusten and tha presiding officer and, without prejudice to other right-and readies of Fxsten, malte every effort to prevent furder disclosure by counsel'or by the
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persen to whcr:1 the doc:. rant or infecation was c-icated.
7.
Nothirg in this Order shall affect the admissibility into evidence of ccafidential demts or inf > rntien defined above, cr abridge the right fo any persen to seek j"d4c4n1 review or to pursue other eg r;. ate judicial acticn with respect to any m g made by the r*asicn, its Freedan of Informatm Act d
Officer, tne Boam:1 or td.e presiding officer ecocaw41 the issue of the status of r sfidancini business informaticn.
8.
Upen final ter* eden of this proceeding, each persen that is subject to this Order shall asse61e and return to counsel for Ecustcn all ecnfidential docuumes and infcmaticn cenen4 ad 1217 068 e
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.. therein, includh:g all copies of such matter sich may have been made, but not including copies containing notes er other attomey's wrk-product that may have been placed thereen by counsel for the receiving partf. This paragraph shall not apply to the CnmHssicn, the Board, the presiding officer or the C e sicn's Staff; s ich shall retain such material pursuant to statutory requirs::ents and for other reccrd keeping purposes, but may destroy those additional ccpies in its possession d ich it regards as surplusage.
A ccpy of this Order shall be served en all parties.
It is so ordered.
KR IIE AINIC SA'eTrY AfD LICEiSING BCARD
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Marshall E. Miller, Chair =an Dated at Bethesda, MLgland this 15th day of October 1979.
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