ML19263B399
| ML19263B399 | |
| Person / Time | |
|---|---|
| Site: | Black Fox |
| Issue date: | 01/04/1979 |
| 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 7901180207 | |
| Download: ML19263B399 (18) | |
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MORGAN, l EWIS & BOCKlVS CO U N S El.O R S A? LAW 19 0 0 M Sr= cc. N. W.
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M 3Y HAND Sheldon J. 'Jolfe, 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 Cor=c.s s ion Commission
'Jashington, D.C.
20535
'4ashington, D. C.
20555 Dr. Paul 'd.
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 Jestern Farmers Electric Cooperative
)
STN 50-557
)
(31ack Fox Station, Units 1 and 2)
)
Gentlemen:
In response to the Board's direction during the January 2, 1979 conference call with all parties, I have enclosed a proposed protective order for the Board's sig-nature.
Respectfully submitted,
/
J W
V Geore L. Edg -
Attorney for General Electric cc:
see attached Ser7 ice List 7901180207
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION IN THE MATTER OF
)
)
PUBLIC SERVICE COMPANY OF
)
Docket Nos.
OKLAHOMA, ASSOCIATED ELECTRIC
)
STN 50-556 COOFERATIVE, INC., and
)
SIN 50-557 WESTERN FARMERS ELECTRIC
)
COOPERATIVE, INC.
)
)
(Black Fox Stations,
)
Units 1 and 2)
)
PROTECTIVE ORDER On October 18, 1978 this Board issued a subpoena duces cecu= to the General Electric Company (GE), the reactor manufacturer for_31ack Fox Station Units 1 and 2, directing GE to produce the Nuclear Reactor Study regarding GE's 3WR Nuclear Steam Supply System (NSSS) which had been prepared under the direction and supervision of Dr. Charles Reed in 1975 ("The Reed Report").
GE appeared specially and moved to quash :his subpoena on October 30, 1978, asserting, inter alia, that the subpoena was untirely and overly broad and that production of the repor: could result in competitive harm to GE because the report contained confidential coc=er-cial infor=ation.
The Applicants and Intervenors filed responses to this cocion on November 7, 1978 and the NRC Staff responded on November 9, 1978.
The Board heard oral
-2 argument on GE's motion to quash on December 13, 1978 in Tulsa, Oklahoma.
In response to a suggestion made by the Board during the course of this oral argument, shortly thereafter GE resumed negotiations with the other parties to this pro-ceeding in an attempt to reach a settlement agreement with respect to the production of the Reed Report.
In a conference call among counsel for all parties and the members of the Board on January 2, 1979, GE, in order to avoid the possibility of protracted litigation on this issue, made an offer of settle-ment regarding the production of this report.
This offer of settlement was formalized in GE's letter of the same date to the Board and all parties.
Under the basic terms of this settlement, GE offered to.
- 1) make the entire Reed Report available to the 3 card in confidence, 2) prepare a verbatim extraction of the Report in-sofar as it relates to intervenor's contentions and Board ques-tions and make this extraction available to counsel for all parties subject to a protective agreement, and 3) make the Reed Report available to counsel, again subj ect to a protective agreement, for the purposes of evaluating the faithfulness of this extraction.
Moreover, GE also offered to consult with counsel and, if necessary, seek rulings from the Board in order to resolve any disputes over the faithfulness of GE's extraction of the report.
GE also offered to extract and make available to
~3 counsel and consultants for all parties, again subj ect to a protective agreement, these and any other portions of the Reed Report which the Board det ermined to be necessary for consideration in this proceeding.
The Board was advised during the conference call that the parties were in agreement on all aspects of the GE offer of settlement except one; namely, whether the entire Reed Report should be made available to counsel for the sole purpose of evaluating GE's extraction of the report with re-spect to the existing intervenor contentions and Board ques-tions and other matters which the Board determined to be neces-sary for consideration (the view expressed by counsel for GE, the Applice.nts, and the NRC Staff) or whether the report should also be made available to coansel for the purpose of enabling counsel to independently propose additional matters to the Board for consideration in this proceeding (the view expressed by counsel for intervenors).
Upon consideration of the views expressed by counsel for all parties, the Board concluded that the entire report should be made available only for the former purpose and so ruled.
Subject to that ruling, the Board finds the proposed offer of settlement to be entirely reasonable and acceptable and adopts it without change, thereby rendering moot GE's motion to quash the subpoena.
-4 NOW THEREFORE, pursuant to 10 CFR S 2.720(f) and 2.740(c),
1.
IT IS HEREBY ORDERED that since a rational basis exists to treat as confidential the Nuclear Reactor Study prepared under the direction and supervision of Dr.
Charles Reed of the General Electric Company in 1975 ("The Reed Report") and there are no countervailing considerations militating in favor of public disclosure of this report which clearly outweigh the potential harm to the General Electric Company which might arise from such disclosure, the scope of discovery of said report shall be linited to protect against disclosure of the information contained in the report to the general public.
2.
IT IS HEREBY FURTHER ORDERED that, subj ect to paragraphs 3 and 4 of this Order, thos2 portions of the Reed Report, which are relevant to Intervenor Citizen's Action For Safe Energy's contentions and Board questions or otherwise necessary for consideration in this proceeding in accordance with the procedure specified in paragraph 3 of this Order, shall be produced.
3.
IT IS HEREBY FURTHER ORDERED that the discovery granted herein be conditioned as follows:
-5 a.
GE will =ake the Reed Report and the related Sub-Task Force Reports avail-able to the Board in confidence.
b.
GE will prepare a verbatim extraction of the Reed Report and the related Sub-Task Force Reports, insofar as thota documents relate to the intervenor's contentions and Board questions in the Black Fox proceedings, and will make it available to counsel subj ect to the provisions of this Order and the protective agreement contained in Attachment A hereto.
c.
GE will =ake the Reed Report and the rr-lated Sub-Task Force Reports available to counsel subj ect to the provisions of this Order an'd the protective agreement contained in Attachment 3 hereto.for the purpose of evaluating the faithfulness of GE's verbatim extraction.
d.
Upon review by counsel, GE will consult with counsel for all parties in an attempt to resolve any disputes concerning the faithfulness of extracrion, and failing resolution on any matter or catters, counsel
-6 will participate in oral argument in camera before the Board in order to obtain Board rulings resolving any dis-puted 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 3 card questions which the Board determines to be necessary for consideration in these proceedings, GE will make available to counsel, subj ect to the provisions of this Order and the protective agreement contained in Attach-ment 3 hereto, a verbatin extraction of those documents insofar as they relate to any such additional catters.
The parties will undertake the steps identified in sub-paragraphs c.
and d. above in regard to the =atters identified in sub-paragraph e.
f.
GE will cake portions of the verbati ex-tractions of the Reed Report and related Sub-Task Force Reports ultimately resulting from Board rulings or agreements of counsel
-7 in accordance with sub-paragraphs
- d. and e. above available to consul-tants for the parties subj ect to the provisions of this Order and the pro-tective agreement contained in Attach-ment A hereto.
4.
IT IS HERE3Y FURTHER ORDERED that in the event Intervenors need to utilice any of the information discovered pursuant to this protective order during the evidentiary hearing in this proceeding, the infornation'shall only be dis-closed in camera under the s~
dicions set forth in paragraph 3 hereof and the protective agreements attached hereto and the transcript of such portion of the evidentiary hearing shall be sealed.
FOR THE ATOMIC SAFETf AND LICENSING 30ARD Sheldon J. Wolfe, Esquire Chairman Dated at this day of 1979
ATTACHMENT A UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION IN THE MATTER OF
)
)
PUBLIC SERVICE COM?ANY 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 DISCLOSL7E OF CONFIDENTIAL COMMERCIAL INFOPliATION A.
(hereinafter "Signator")
is Counsel (Consultant] to a party to the above-captioned Construction Permit proceeding.
B.
The Public Service Company of Oklahoma (PSO) has engaged General Electric Company (GE), a non-party in this proceeding, to supply the nuclear steam supply system for the Black Fox Nuclear Pcwer Station.
C.
has requested that its counsel [ Consultant] be permitted to inspect the fol-lowing GE document:
A verbatim extraction of the " Reed Report" and the related Sub-Task Force Reports
-2 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 af any pages, provided that the information in this document, notes, and copies (hereinafter "information") will be used for the limited purposes and will be created 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 Scacd questions in the above-captioned proceeding, in testi=ony 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 legiti=ata evidentiary 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 equi.. lent to that provided under this Agreement.
-3 (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) abcve.
(5)
Restrictions on disclosure centained 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 of 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 en dis-closure on behalf of GE, or c.
which either befora or after the date of the disclosure to Signators by GE beccmes avail-able 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 infornation that becomes publicly known through an improper act or omission on their part.
-4 (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 commer-cial 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 t= mediately 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 GENERAL ELECTRIC COMPANY By
ATTACHMENT 3 UNITED STATES OF AMERICA NUC12AR 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.
3.
The Public Service Company of Oklahoma (PS0) has engaged General Elec'tric Company (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 be permitted to inspect the following GE document:
The Reed Recort and the related Sub-Task Force Reports.
-2 These docu=ents 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 docu=ents 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 related 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 infor=a-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 infor=ation 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-puces.
The information, if used in whole or in part for any of the above purposes shall be subj ect 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 (3)
Signator will not photocopy, transcribe, reproduce or disclose the information to any oeher 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 of 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 avail-able 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.
9
-4 (7)
Signacor may not assign this Agreement.
(8)
Signator makes no admission as to whether the information disclosed by GE is, in fact, confidential 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 i= mediately 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 ene procedures set forth in paragraph E(2) above, whichever occurs first.
Date Signator CONSENTED TO GENERAL ELECTRIC COMPANY By Date
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 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)
)
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 William D. Paton, Esquire Board Panel Coll.een 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 Soard Panel NRC Region 4 U.
S. Nuclear Regulatory Public Affairs Officer Commission 611 Ryan Plaza Drive, Suite 1000 Washington, D.
C.
20535 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 Ches tnut Streets Tulsa, Oklahoma 74103 Philadelphia, Pennsylvania 19104 Andrew T. Dalton, Esquire Joseph Gallo, Esq.
1437 South Main Street, Suite 302 Isham, Lincoln & Beale Tulsa, Oklahoma 74119 1050 - 17th Street, N.W.
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 Proj ect Atomic Safety and Licensing Public Service Company Board Panel of Oklahoma U.
S. Nuclear Regulatory Post Office Sox 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 Surrell Cooperative Route 1, Box 197 Post. 0f fice. Box 429 Fairview, Oklahoma 73737 Andarko, Oklahc=a 73005 Mr. Gerald F. Diddle Dr. M. J. Robinson General Manazer Black & Veatch Associated Electric Post Office Sox 3405 Cooperative, Inc.
Kansas City, Missouri 64114 Post Office 3cx 754 f,'
Springfield, Missouri 65801
,/
,?*k/
/
WHPMs
'Georg L. Ecg y Special Counsel for The General Electric Company Dated:
January 4, 1979