ML19263F376

Motion for Protective Order Preventing Disclosure of Certain Info Requested by Jf Doherty.Production of GE Documents Will Impair Vendor Relationship W/Competitors.Draft Protective Order & Certificate of Svc Encl

ML19263F376
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	01/11/1980
From:	Biddle C, Newman J BAKER & BOTTS, HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8001280044
Download: ML19263F376 (10)

Text

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

HOUSTON LIGHTING & POWER COMPANY S Docket No. 50-466 S

(Allens Creek Nuclear Generating S Station, Unit 1) S MOTION FOR PROTECTIVE ORDER Houston Lighting & Power Company ("HL&P"), pur-suant to 10 CFR Sections 2.740 (c) and 2.790 (b) (6) , moves for the issuance of a Protective Order (attached hereto) concern-ing the public disclosure of certain documents and information which HL&P has been requested to produce or disclose by Intervenor John Doherty.

The information and related document requested by Mr. Doherty relates to or contains information in the posses-sion of the General Electric Company, the vendor for ACNGS.

The General Electric Company regards this document to be confidential and proprietary and believes that public dis-closure of this information could seriously impair its relationships with its competitors.

Counsel for HL&P has been authorized by Mr.

Doherty to represent to this Board that Mr. Doherty does not object to the entry of a Protective Order in the form at-tached hereto.

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Counsel for Applicant has attempted to conform the attached order with the Board's order of November 7, 1979.

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

Respectfully submitted,

• N OF COUNSEL: J. Gregory Copeland g' C. Thomas Biddle, Jr.

BAKER & BOTTS Charles G. Thrash, Jr.

3000 One Shell Plaza 3000 One Shell Plaza Houston, Texas 77002 Houston, Texas 77002 LOWENSTEIN, NEWMAN, REIS, Jack R. Newman AXELRAD & TOLL Robert H. Culp 1025 Connecticut Ave., N.W. 1025 Connecticut Ave., N.W.

Washington, D. C. 20036 Washington, D. C. 20036 ATTORNEYS FOR APPLICANT HOUSTON LIGH'"ING & POWER COMPANY 1817 064'

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION THE ATOMIC SAFETY AND LICENSING BOARD Sheldon J. Wolfe, Esquire, Chairman Dr. E. Leonard Cheatum, Member Gustave L. Linenberger, Member In the Matter of S S

HOUSTON LIGHTING & POWER COMPANY S Docket No. 50-466 S

(Allens Creek Nuclear Generating S Station, Unit 1) S PROTECTIVE ORDER On November 21, 1979, Intervenor John F. Doherty filed his Eighth Request for Documents from Applicant. In this request, Mr. Doherty listed NEDE 21175-1-P, "BWR/6 Fuel Assembly Evaluation of Combined Safe Shutdown Earthquake and LOCA Loadings, Amandment #2." Both HL&P and the General Electric Company are willing to produce this document to Mr.

Doherty for his inspection and copying. However, General Electric believes that certain T. arts of the document relate to or contain information which is of a confidential or proprietary nature, the release or disclosure of which to third parties could seriously impair the General Electric Company's relationships with its competitors. Mr. Doherty 1817 065

has not challenged the assertions that the document is proprietary in nature and he has advised that he has no objection to the entry of a Protective Order protecting the confidentiality of the following described document and the information contained therein.

WHE REFORE , IT IS ORDERED that the document entitled "BWR/6 Fuel Assembly Evaluation of Combined Safe Shutdown Earthquake and LOCA Loadings (NEDE 21175-1-P, Amendment # 2) ,"

and the information contained therein, shall be accorded confidential treatment and subject to the following re-strictions: .

1. The foregoing document and information contained therein shall not be disclosed to any person other than (a) counsel for parties to this proceeding, including necessary secretarial and clerical personnel assisting such counsel; (b) qualified persons taking testbnony involving such document or information and necessary stenographic and clerical person-nel thereof; (c) independent consultants and technical experts and their staff who are engaged directly in this litigation; and (d) the Commission, the Board, the presiding officer, or Commission's staff.

2. The foregoing document and information con-tained therein above shall not be made available to any person designated in paragraph 1(c) unless they shall have first read this order and shall have agreed, in writing (a) to be bound

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by the terms thereof; (b) not to reveal such document or information to anyone other than another person designated in paragraph one; and (c) to utilize such document and in-formation solely for purposes of this proceeding.

3. If the Commission or the Board orders that access to or dissemination of the foregoing document and in-formation contained therein shall be made to persons not included in paragraph 1 above, such matter shall only be accessible to, or disseminated 10, such persons based upon the conditions pertaining to, and obligations arising from this order, and such' persons shall be considered subject to it.

4. Any portion of a transcript in connection with this proceeding containing the foregoing document or informa-tion contained therein shall be examined in camera and shall be bound separately and filed under seal. If said document or information are included in an authorized transcript of a deposition or exhibits thereto, arrangements shall be made with the court reporter taking the deposition to bind such portions and separately label them " Company's Name"), BUSINESS INFORMATION, SUBJE':T TO PROTECTIVE ORDER". Before a court reporter receives any such document or information, he or she shall have first read this order and shall have agreed in writing to be bound by the terms thereof.

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5. Any document or information defined above is to be accorded confidential treatment within the meaning of 5 U.S.C. 552 (b) (4) and 18 U.S.C. 1905, subject to a final Commission ruling, after notice, under the Freedom of In-formation Act or 10 C.F.R. S2.790.

6. If said documents or information are disclosed to any person other than in the manner authorized by this protective order, the person responsible for the disclosure aust immediately bring all pertinent facts relating to such disciosure to the attention of counsel for the General Electric Company and Houston Lighting & Power Company and the presiding officer and, without prejudice to other rights and remedies of the General Electric Company and Houston Lighting & Power Company, make every effort to prevent further disclosure by it or by the person who was the recipient of such information.

7. Nothing in this order shall affect the admis-sibility into evidence of the foregoing document or informa-tion contained therein, or abridge the right of any person to seek judicial review or to pursue other appropriate judicial action with respect to any ruling of t.he Commission concerning the availability to the public of said business information.

8. Upon final termination of this proceeding, each person that is subject to this order shall assemble and return to counsel for Houston Lighting & Power Company ~all 1817 068 documents and information defined above, 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 re-ceiving party. All copies containing notes or other at-torney's work product shall be destroyed. 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 requirements and for other record keeping purposes, but may destroy those additional copies in its possession which it regards as surplusage.

IT IS SO ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD Dated:

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

HOUSTON LIGHTING & POWER COMPANY S Docket No. 50-466 S

(Allens Creek Nuclear Generating S Station, Unit 1) S CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Motion for Protective Order and Protective Order in the above-captioned proceeding were served on the following by deposit in the United States mail, postage prepaid, or by hand-delivery this 11th day of January,1980.

Sheldon J. Wolfe, Esq., Chairman Richard Lowerre, Esq.

Atomic Safety and Licensing Assistant Attorney General Board Panel for the State of Texas U.S. Nuclear Regulatory Commission P. O. Box 12548 Washington, D. C. 20555 Capitol Station Austin, Texas 78711 Dr. E. Leonard Cheatum Route 3, Box 350A Hon. Charles J. Dusek Watkinsville, Georgia 30677 Mayor, City of Wallis P. O. Box 312 Mr. Gustave A. Linenberger Wallis, Texas 77485 Atomic Safety and Licensing Board Panel Hon. Leroy H. Grebe U.S. Nuclear Regulatory Commission County Judge, Austin County Washington, D. C. 20555 P. O. Box 99 Bellville,. Texas 77418 Chase R. Stephens Docketing and Service Section Atomic Safety and Licensing Office of the Secretary of the Appeal Board Commission U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D. C. 20555 Washington, D. C. 20555 R. Gordon Gooch, Esq. Atomic Safety and Licensing Baker & Botts Board Panel 1701 Pennsylvania Avenue, N. W. U.S. Nuclear Regulatory Washington, D. C. 20006 Commission Washington, D. C. 20555 1817 070

Steve Schinki, Esq. Carolina Conn Staff Counsel 1414 Scenic Ridge U.S. Nuclear Regulatory Commission Houston, Texas 77043 Washington, D. C. 20555 Elinore P. Cumings John F. Doherty Route 1, Box 138V 4327 Alconbury Street Rosenberg, Texas 77471 Houston, Texas 77021 Stephen A. Doggett, Esq.

Robert S. Framson P. O. Box 592 Madeline Bass Framson Rosenberg, Texas 77471 4822 Waynesboro Drive Houston, Texas 77035 Robin Griffith 1034 Sally Ann Carro Hinderstein Rosenberg, Texas 77471 8739 Link Terrace Houston, Texas 77025 Leotis Johnston 1407 Scenic Ridge D. Marrack Houston, Texas 77043 420 Mulberry Lane Bellaire, Texas 77401 Rosemary N. Lemmer 11423 Oak Spring Brenda McCorkle Houston, Texas 77043 6140 Darnell Houston, Texas 77074 Kathryn Otto Route 2, Box 62L F. H. Potthoff, III Richmond, Texas 77469 7200 Shady Villa, #110 Houston, Texas 77055 Frances Pavlovic 111 Datonia Wayne E. Rentfro Bellaire, Texas 77401 P. O. Box 1335 Rosenberg, Texas 77471 Charles Pere 7 1014 Montrose James M. Scott, Jr. Houston, Texas 77019 8302 Albacore Houston, Texas 77074 William Schuessler 5810 Darnell Bryan L. Baker Houston, Texas 77074 1118 Montrose Houston, Texas 77019 Patricia L. Strelein Route 2, Box 395C Dorothy F. Carrick Richmond, Texas Box 409, Wagon Rd. Rfd. #1 Wallis, Texas 77485 1817 071

Glenn Vhn Slyke Donald D. Weaver 1739 Marshall P. O. Drawer V Houston, Texas 77098 Simonton, Texas 77476 Connie Wilson J. Morgan Bishop 11427 Oak Spring 11418 Oak Spring Houston,. Texas 77043 Houston, Texas 77043

- Y b C. Thomas Biddle, Jr.

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