ML19269C484
| ML19269C484 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 01/25/1979 |
| From: | Milhollin G Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 7902030059 | |
| Download: ML19269C484 (7) | |
Text
~
~
NRC :u.
yky
~
f Qw 28 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 6,
yh
~Y q;
t In the Matter of
)
4 d. #
)
PU3LIC SERVICE ELECTRIC AND GAS
)
Docket No. 50-272 COMPANY, et al.
)
(Proposed Issuance of
)
Amendment to Facility (Salem Nuclear Generating
)
Operating License Station, Unit 1)
)
No. DPR-70)
PROTECTIVE ORDFR Pursuant to s f 2. 740(c) and 2. 790(b) of the Rules of Practice of the Nuclear Regulatory Ccemission ("NRC"),
the Atomic Safety and Licensing Board issues the following order with directions to the Public Service Electric & Gas Company ("PSE&G"), the Public Advocate of the State of New Jersey ("Public Advocate"), and its technical con-sultant, M.H.B. Technical Associates, to adhere to the letter and the spirit of this Protective Order:
1.
PSE&G shall turn over the following documents which that have been or will be subrtitted to the NRC with a recuest they be withheld from public disclosure oursuant to 10 C.F.R. 42.790 or materials which PSEEG or its contractor, Fxxon Nuclear Comoany, Incorocrated, otherwise asserts to contain proprietary data to the Public Advocate and its consultant, M.E.B. Technical Associates-Fuel Storage Racks Corrosion Progran, 3 oral -
a.
Stainless Steel - Procrietary 2.
Except to the extent that additional individuals to the orovisions of Section 7 of this may be nared oursuant to Protective Order, all materials turned over pursuant 7902030069 V
Section 1 of this Protective Order (" confidential material")
shall, in the case of each recipient party, be received and maintained only by the.following named individuala:
a.
In the case of the Public Advccate, R. William Potter, Esq. or Sandra T. Ayres, Esq.
b.
In the case of M.H.B. Associates, Dale Bridenbaugh or Gregory Minor.
3.
(a) Prior to the receipt by any individual of each item of confidential material from PSE&G, he shall execute an undertaking (in the form set forth in the attachment to this Protective Order) to be bound by this Protective Order with respect to such item, and provide such executed under-taking to PSE&G.
(b) Prior to naking each iten of confidential material available to any other authorized individual (which shall include only an individual named herein associated with the same party), the individual possessing the item shall first obtain and prcmptly transmit to PSE&G a similar undertaking executed by the recipient.
4.
Each individual receiving any confidential material:
(a) will utilize the confidential material, the information therein, and any other information he obtains concerning the subject matter thereof only in connection with his preparation for this NRC prcceeding; (b) will not reproduce the confidential material or any part thereof;
(c) will not discuss or otherwise divulge the con-fidential material, the information therein or any other in-formacion he obtains concerning the subject matter thereof with any other person, except that he may discuss such material or information:
(i) With another individual associated with the same party, if any, auuhorized to receive such specific item of confidential material under this Protective Order; (ii) with another individual associated with another party named in Section 1 of this Protective Order, if counsel for such other party represents to him (or counsel to PSE&G acknowledges to him upon request) that such specific item relates to an admitted contention of such other party and that such other individual would be an horized to receive such specific item of confidential material under this Protective Order; (iii) with representatives of PSE&G, identified by counsel to PSE&G, as authorized to receive such confidential material; (iv) with representatives of the NRC St_ff identified by counsel to the NRC Staff as authorized t o re-ceive such confidential material; or (v) in hearings held before this Board, or in any appeal thereof, at which this Board or an appellate body has authorized such confidential material to be discussed; (d) will return the confidential material to counsel for PSE&G at the conclusion of his need therefer for
_4 this proceeding, but in no event later than the conclusion of this proceeding and any appeal thereof.
(e) will destroy all notes and data taken with re-gard to the confidential material no later than the conclusion of this proceeding and any appeal thereof; and (f) will give written notice to counsel for PSE&G to the maximum extent practicable providing full details and give PSE&G 2 reasonable time to protect its interests before complying with such a directive by the NRC or'a court of compentent jurisdiction to reproduce or disclose any of the confidential material, the information therein or any other information he obtains concerning the subject matter thereof in any manner other than provided herein.
5.
(a)
All administrative proceedings regarding the contents of the confidential materials shall be held in camera, under the conditions set forth in Section 3, hereof, and 10 C.F.R. 52.790 (b) (6) and the transcript of such portion of the evidentiary hearing shall be sealed, pending future order of this Board or any appellate body.
(b)
If any party desires to use infor=ation de-rived from any confidential material in a pleading in this proceeding, the portion of such pleading that contains such information shall be filed separately and shall be clearly marked PROPRIITARY.
It shall be served only upon the Board, counsel for PSE&G, counsel for the NRC Staff, counsel for the party which is involved in such pleading and authorized to receive the specific confidential material involved, and
~
one copy only upon the Secretary of the Commission, the Atomic Safety and Licensing Board Panel and the Atomic Safety and Licensing Appeal Board Panel.
6.
(a)
Neither the issuance of this Protective Order nor the execution of an undertaking by any recipient shall constitute a waiver by such recipient of any claim or argu-ment that the received item does not contain proprietary data.
Such recipient shall, however, treat such item as constituting confidential material pursuant to this Pro-tective Order until and unless there is a final adjudication by the Board, Commission or any appellate body that the item does not contain proprietary data.
(b)
The turning over by PSE&G of any confidential material to any party shall not constitute a waiver by PSE&G of any claim or argument that such material cr similar material is not within the scope of such party's adnitted contentions in this proceeding or is otherwise not subjecu to discovery.
7.
(a)
At the request of any party, PSE&G may, by a written document (a copy of which shall be filed with the Board), agree to list additional individuals who will there-after be authorized to receive confidential material pursuant to all terms of this Protective Order, subject to any further restriction that may be imposed by this Board.
+
(b)
If PSE&G refuses any request to agree to list any additional individuals, the requesting party may file a motion with this Board to direct such addition, reciting the reasons fc-desired addition.
8.
All written notices or correspondence under this agreement to counsel for PSE&G shall be given by registered or certified mail, return receipt requested, postage prepaid to Mark J. Wetterhahn, Esq., Conner, Moore & Corber, 1747 Pennsylvania Avenue, N.W.,
Suite 1050, Washington, D.C.
20006 with a copy.to Richard Fryling, Jr., Esq., Public Service Electric and Gas Company, 80 Park Place, Newark, New Jersey 07101.
FOR THE ATOMIC SAFETY AND LICENSING SOARD
.f ab
/5 4 c>t
,/
V Issued at Bethesda, Maryland this 8 [ day of 197[.
mus.w,
c/
,/
~
4 In the Matter of
)
)
PUBLIC SERVICE ELECTRIC & GAS
)
Docket No. 50-272 COMPANY, et al.
)
(Proposed Issuance of
)
Amendment to Facility (Salem Nuclear Generating
)
Operating License Station, Unit 1)
)
No. DPR-70)
FORM OF UNDERTAKING I,
(insert name of individual], hereby acknowledge the receipt on behalf of (insert name of party] of the following confidential material:
1.
Fuel Storage Racks Corrosion Program, Boral - Stainless Steel under the terms of the Protective Order dated (insert date],
and agree to be bound by the terms of such Protective Order with respect to such material.
I also represent that I do not and do not presently intend to represent or seek to represent a competitor of Exxon Nuclear Company, Inc.
(Signature of individual]
[Date of execution]